Critical Analysis On Efficacy of

CRITICAL ANALYSIS ON EFFICACY OF“THE PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT 2005”
1
2
Chapter 1
INTRODUCTION.
1.1 Introduction
“A woman feels as keenly, thinks as clearly, as a man. She in her sphere work as useful as
a man does in his. She has as much right to her freedom- to develop her personality to the full—as
a man. When she marries she does not become the husband's servant but his equal partner. If his
work is more important in life of the community, her's is more important in the life of the family.
Neither can do without the other. Neither is above the other or under the other. They are equals. "-
Lord Denning1
The question always arises that why only women’s rights, her role, her progress and her topic
is for debate and discussion when the creator himself created male and female in such a way that
they should be complementary to each other and even when the nature also agrees the same?
Because, the equality exit only in papers and not in practical life. In reality women is being treated
as an object of gross and severe violence at the hands of man. Crime against women has existed
invariably with time and place. The types and trends of crime against her change with the change in
the mindset and techniques. They are accorded a lower status in the society and are made and used
as objects of man's enjoyment and pleasure. Its culmination has been their regular exploitation and
victimization. On the continuation of this practice exploiters became culturally violent, having
opted violence as a way of life.2
A woman even after being self sacrificing and self denial her fortune is still subjected to all
the inequalities, indignities and discrimination. Still women in India are suffering discrimination in
silence.
Status of women in India
1
LORD DENNING, "THE DUE PROCESS OF LAW",194,195(Butterworth’s, London) 1981
2
J.A.S.Anand's 'Neglecting the Mother" Address on International Women's Day at Vigyan Bhavan New Delhi,
march 8th 2008.
3
From Ancient times the society always had partial policies with regarding male and female
which were strange and unjust. And also there where lot of harms and harassment on women in the
name of traditions like sati, devadasi system, child marriage etc.
Vedic era: If we trace back to the period of Vedic era, No man was allowed to perform religious
duties without his wife. Thus, like the status of women in the contemporary western world, the
status of women in ancient India was based on liberty, equality and cooperation. What, however,
made them different was the emphasis on religion, duty and cooperation in family life.3
Post Vedic era: But Post Vedic era saw a drastic change, in which there was serious reduction in
status of women. Women went through a great setback by obtaining a subordinate position after the
introduction of Hindu code by Manu. He considered women to be slaves, considered them to be
subordinate to men by fixing boundaries for them within four walls and bound them with duties
like dasi. Kautilya also endorsed husband’s right to beat his wife of refractive nature. He allows the
husband to beat his wife, either with a bamboo bark or with a rope or with a palm of hand on her
nips4. In the laws of Manu and in the Mahabharata, it is taught that a wife should revere her
husband, as if he were a veritable deity. The teaching is reaffirmed in the Ramayana. The Rama has
not helped forwarded the ethical progress of womanhood in India.5
Medival era: The Medival Era witnessed the interaction of the two major cultures and religions–
The Hindu and The Islam. This era is marked for the decline of the status of women in India and is
considered as the darkest period for women in history. Foreign invasions weakened the
opportunities of women, security and their safety. Polygamy and devadasi system was already
spread and during medival era women were oppressed in social order and patriarchal families.6
Mughal era: The Mughal era marked the increase in tyranny against women with the increase in
social evils like prostitution, polygamy, dowry, child marriage, devadasi system in all parts of
India. The position of women during this period deteriorated greatly and they were considered as
3
Rajendra Dattatray Anubhule, A critical study on working of the protection of women from domestic violence Act 2005 in
Pune City (Jun. 11, 2018, 10:13 AM), http://shodhganga.inflibnet.ac.in/ bitstream/10603/3804/8/08_chapter%202.pdf.
4
NIROJ SINHA , WOMEN AND VIOLENCE 47, 47 (1989).
5
SUMAN RAI, LAW RELATING TO PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE 10, (Orient Publication
1st Edition 2008), (2008).
6
MAMTA RAO, LAW RELATING TO WOMEN AND CHILDREN ,28(3rd edn eastern book company 2012)
4
subordinates making them unfit to participate in any social, religious or political matters. Not only
the social institutions and customs thwarted the growth of women but the prevailing ideology also
assigned the Indian women an inferior status.7
British period: During the British rule these traditions became more stringent and they always tried
not to interfere with the religious rules because the only reason was not to hurt the religious feeling
of people. Evil social practices, dogmatic religious beliefs, inhuman superstitions and sinister
customs caused the maximum degree of deterioration.8 However the attitude, behavior and living
pattern of Indian society changed drastically during the British regime due to the education and
western impact on the socio-cultural life of India.9Further, for the newly emerging middle class, the
English language provided a gateway to the ideology of liberalism, which enshrined the value of
liberty, equality, respect for individual secularism, etc., in colonial India to the extent that it did not
harm the interest of the rulers.10
Till the end of nineteenth century, the women did not get her rights and slowly during the
first half of twentieth century through various social movements reformations took place which
questioned the equal rights of women. After centuries of social degradation, perpetual depression,
terrible suffering and social falling, zealous endeavor was made for dispelling the social evil and
awakening people against the injustice meted out to the Indian women. 11 Revivalist like Dayanand
Saraswati, Swami Vivekananda and Annie Besant believe in reviving the old Vedic society
presumed to be ideal for women.12Raja Ram Mohan Roy’s tenacious struggle for the abolition of
Sati marks the beginning of the movement for reform on behalf of women. This movement
launched during the third decade of the nineteenth century, this movement constitutes an important
landmark in the Indian efforts towards emancipation of women. 13However, even after codification
7
Dr. PREETI MISRA, Domestic Violence against Women: Legal Control and Judicial Response, 37, (Deep & Deep
Publications Pvt. Ltd 2006).
8
Nitisha, Status of women during British Period, (Jun 10, 2018, 09: 15 PM), http://www.yourarticlelibrary.com/women/status-
of-women-during-british-period/47393
9
V.K. DEWAN, Law relating to Offences against Women, 35, (Asia Law House, 3rd revised edition,2009).
10
MAMTA RAO, Law relating to Women and Children, 22, (Eastern Book Company, 2005).
11
Nitisha, Status of women during British Period, (Jun 10, 2018, 09: 15 PM),http://www.yourarticlelibrary.com/women/status-
of-women-during-british-period/47393
12
NEERA DESAI & MAITHREYA KRISHNA DESAI AND MAITHREYA KRISHNA RAJ, Women and Society in India,
38, 40-42, (Ajanta Publications, 1987).
13
UMA SHANKAR , ARATI MEHTA & LATIKA MENON ,Status of Indian Women: Crisis and Conflict in Gender Issues,
115, (, ed. , Kanishka Publishers, Vol-2), 1998
5
of laws by British there was no trace seen for protection of women or curbing the evils against
women.
Constitutional status:
The framing of the Constitution has been the most significant event after the independence.
The framers of the Constitution were very well aware of discrimination and unequal treatment
among citizens from time immemorial. They included certain general provisions and also few
special provisions for upliftment of the status of women. The Preamble of the Indian Constitution
briefly crystallizes and solemnly declares among other things; “Justice, social, economic and
political” and “equality of status and of opportunity” which by implication sought to equalize
women.14
Article 14 ensures ‘equality before law’ and Article 15 ‘prohibits any discrimination’. There
is only one specific provision in Article 15(3), which empowers the state to make ‘any special
provision for women and children’, even in violation of the fundamental obligation of
nondiscrimination among citizens, inter alia of sex. Article 16(1) – guarantees ‘equality of
opportunity for all citizens in matters relating to employment or appointment to any office under
the state’. In addition, Article 16(2) forbids discrimination ‘in respect of any employment of office
under the state’ on the grounds only of ‘religion, race, caste, sex, descent, place of birth, residence
or any one of them’. 15
Directive Principles, which concern women directly, have a special bearing on their status.
These include: - Article 39(a) ‘right to an adequate means of livelihood for men and women
equally’ - Article 39(d) ‘equal pay for equal work for both men and women’ - Article 39(e)
‘protection of the health and strength of workers – men, women and children from abuse and entry
into vocations unsuited to their age and strength. - Article 42 just and humane conditions of work
and maternity relief.16In the constitution of independence India, sex equality principle came into
existence. It gave both men and women equal rights. Special laws were brought in existence for
women. As a matter of fact, even after all these nothing special came to the share of women. So,
she started fighting continuously and laboriously17.
14
Indian constitution, preamble.
15
Indian constitution. art. 14, art. 15,cl 3 ,art. 16 ,cl 1,2.
16
Indian constitution art. 39,cl a, d , e, art.42 .
17
Sanket suresh rao kale “An analytical study of domestic violence against the scheduled caste women in akola district special
reference to the caste mahar and matang” 2016.
6
Being guided and directed by the Constitution of India, Parliament of India has enacted some
revolutionary laws for amelioration of women by giving them equal status with men. Parliament
has made constructive and positive attempt to remove the social evils, disparities, discriminations
and dissimilarities against women.18by enacting various enactments like The Dowry Prohibition
Act, 1961, The Medical Termination of Pregnancy Act, 1971, the Pre-natal Diagnostic Techniques
(Regulation and Prevention of Misuse), Act, 1994, The Equal Remuneration Act, 1976, The
Immoral Traffic (Prevention) Act, 1956, The Maternity benefit Act, 1961 ,etc.
Even now the life of the women is dominated by patriarchal society and is surrounded by
violence, and exploitation. The chasm between the values of a new social order proclaimed by the
Constitution and the realities of contemporary Indian society as far as women’s rights are
concerned remains as great as at the time of independence.19
Even after seeing traces of domestic violence prevailing in our country from long period yet
there was no law to address domestic violence under public domain. To pay attention towards
increasing phenomenon of domestic violence in our country the Criminal amendment Act took
place in the year 1983 by inserting 498A and 304B which penalized cruelty by husband and dowry
death respectively. But the law was limited to dowry and matrimonial relationship that too in
criminal domain. During 1970s many countries passed laws against domestic violence as a whole
but India was lacking behind in addressing domestic violence with the vision of human right under
civil domain.
In order to focus on protection of women’s rights who were victims of domestic violence the
efforts were made by legislators since 1990s to draft a bill exclusively on domestic violence. The
domestic violence undoubted by a human rights issue and serious deterrent to development of our
country. The Vienna Accord of 1994 and the Beijing Declaration and the Platform for Action
(1995) have acknowledged this fact. The United Nations Committee on Convention on Elimination
of All Forms of Discrimination Against Women (CEDAW) in its General Recommendation No.
18
N.A. Zubari, The Protection of Women form Domestic Violence Act, 2005, 3, Allahabad Law Agency, (2008).
19
Veena Mazumdar, Towards Equality, 29, (1974), (May 30, 2018, 10:30 PM),
http://pldindia.org/wp?content/uploads/2013/04/Towards-Equality-1974-Part-1.pdf
7
XII (1989) has recommended that State Parties should Act to protect women against violence of
any kind especially that occurs in family.20 It finally resulted in the drafting of the Bill on domestic
violence, that is, “The Protection of Women from Domestic Violence Act 2005”, which was passed
by Parliament in September 2005 and came into force in October 2006 21 which is exclusively on
domestic violence .The same is hereinafter mentioned has the Act. The Act was made on the basis
of special provision for women under Indian constitution.
The Act being utmost necessary and was welcomed by various women all over the country
as a bundle of hope. And the same is appreciated and also criticized on various merits and demerits.
On one side the Act deals with legal recourse for domestic violence in both civil and criminal
nature. And the definition under the Act is not limited to marital relation but also of other domestic
relations and relation which are in the nature of marriage and so on.
The Act also in recent times tend to be misused therefore, further analysis also tries to scrutinize the
loopholes where the provisions are tend to be misused .
1.2 Scope and importance of the research.
It is more than 15 years from the period of enactment of the Act and the society has
undergone many changes .Therefore the researcher in present research desires to analyze the
efforts made by the legislator for enacting “The protection of rights under domestic violence Act
2005”, need for the Act, loopholes of the Act, to critically review the provisions of the Act has to
whether they are fair and reasonable, and to analyze whether efforts taken by legislators is adequate
for present conditions in the society.
Judiciary plays important role in implementation of the Act. Hence it becomes necessary for
the researcher to analyze the efforts of judiciary to curb such evils of the society and to control the
misuse of the Act and to examine the need to make certain changes in order to make the Act more
adaptive and inclusive for current society.
1.3 Objectives of the study
CHOUDHARI’S, COMMENTARY ON PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 AND
20
RULES, 04-05 (2009 Edn, premiere publishing company 2009).

21
T.balagi , Domestic violence Act 2005- A Critical Analysis.2016 ,International journal of scientific research .519
8
The Legal system has evolved and developed as and when the society faced challenges. The
researcher while keeping in view the Indian Legal System, will give a practical, viable and feasible
way-out as to whether the provisions of the Act combat evil of domestic violence . In line of these
facts, the research objectives are as follow:
 To examine the causes of domestic violence with reference to Indian society.

 To examine the concept of domestic violence under to “The Protection of Women from
Domestic Violence Act, 2005”.
 To assess the administrative machinery and remedial mechanism to curb the evil of domestic
violence.
 To analyze the judicial interpretation of the provision of the Act.
 To examine whether efforts taken by legislators is adequate.
 To provide recommendations for the suitable changes in the Act to mitigate or eliminate
domestic violence.
1.4 Research questions.
 Whether the Act is effective piece of legislation to provide protection to women?

 Whether the definition of domestic violence under the Act is satisfactory?
 Whether the Act provides for procedural fairness and reasonableness?
 Whether the Act lacks to provide inbuilt safeguards for misuse of its provision?
 Whether the judiciary interpretations facilitate in promoting the objectives of the Act?
 Whether the Act needs to undergo certain changes in order to make it more adaptive and
inclusive for current society?
1.5 Hypothesis.
The researcher had beforehand assumptions or views formulated upon the basis of
knowledge and life experiences and were required to be tested upon the touchstone of analyzing
the Act, to be helpful in giving the solutions. Those are as follows
9
1. The Act is inadequate to mitigate the domestic violence on women.
2. The Act lacks in inbuilt safeguards against misuse of its provisions.
1.6 Research methodology/ design .
This study is based on doctrinal research. The research method is the combination of
analytical and critical in nature. The secondary data collection is on the basis of various research
reports, law journals, website of high courts and government agencies which also include the
complete data with regards to reporting and unreporting of cases before the Courts and their
status.The researcher has designed the study in doctrinal legal research method for the sake of
evaluating the provisions, to test the objectives and hypothesis.
1.7 Scheme of chapterization.
The present study has been divided into seven chapters.
CHAPTER 1: INTRODUCTION.
Chapter explains background of domestic violence in India, scope of the study, objectives of
the study, research questions and hypothesis of the study. Research Methodology adopted for the
study has been explained , chapterization and then it is followed by limitations of the study.
CHAPTER 2: CONCEPT, CAUSES AND CONSEQUENCES OF DOMESTIC VIOLENCE

IN INDIA.
This chapter includes meaning and definition of domestic violence, kinds of domestic
violence its causes and what is the consequences with respect to domestic violence problem in
India. The greatest tragedy in our country is that, grave injustice is done to her. She being victim of
domestic violence irrespective of their age, race, caste, social and economic political status, her
vulnerability in various forms is the common phenomenon in Indian society.
CHAPTER 3: INTERNATIONAL INITIATIVES TO PROTECT THE RIGHTS OF

WOMEN.
This chapter includes the initiatives taken in international level to protect the rights of
10
women. The Act laid its foundation to various international conventions recognizing the rights of
women and the principle of equality amongst genders. This led to the basis for provisions
recognizing such rights and reliefs various international instrument which deal with rights of
women and its protection are as follows Universal Declaration of Human Rights, Convention on
the Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, Declaration
on the Elimination of Discrimination against women, 1967, Vienna Declaration and Programme of
Action, 1993 , Beijing Declaration And Platform For Action, adopted at the Fourth World
Conference on Women: Action for Equality, Development and Peace, 1995 , International
Conventions and Domestic Violence Act, 2005
CHAPTER 4: PROTECTION OF THE RIGHTS OF WOMEN UNDER INDIAN LEGAL

REGIME.
This chapter deals with constitutional provisions and also various legislative measures adopted by
states to ensure equal rights, to counter social discrimination and various forms of violence, atrocities
against women to provide support services to women. The chapter includes various provisions of
constitution and other laws which are especially made for the sake of protection of women’s rights.
CHAPTER 5: THE PROTECTION OF RIGHTS OF WOMEN FROM DOMESTIC

VIOLENCE ACT 2005 AND JUDICIAL INTERPRETATION OF THE ACT.
This chapter deals with the necessity of legal framework of the Act, objects and reason for its
enactment, the important provisions of the Act, The chapter discusses in detail about the provisions
for authorities and the service providers, their functions as well the procedural framework of how
they are to work in order to assure the rights as reliefs to the victim. The chapter gives full
legislative framework along with rules to protect women from domestic violence in the country and
also the remedies available under the present statute and also the judicial interpretation of those
provisions.
CHAPTER 6: THE STATISTICAL ANALYSIS ON EFFICACY OF PROTECTION OF WOMEN

FROM DOMESTIC VIOLENCE ACT 2005 AND CRITICAL ANALYSIS.
The Act even though was breakthrough of law and women Activist all over the world and
11
people from different part of society were welcoming it .The Act was still been criticized hence this
chapter deals with statistical analysis on the number of cases instituted under the Act, number of
cases of acquittal, dismissal and withdrawal with the help of collective analysis done by National
crime record bureau and initiatives taken in order to stop the misuse of the Act for personal revenge
and benefits .
CHAPTER 7: CONCLUSION
This chapter deals with testing the hypothesis with the analysis and synthesis of the data
collected and deriving the conclusion.
1.8 Limitation of the study.
No study can be without any limitations; this present study is also having followings limitations.
- The researcher limited the research to doctrinal method of research for time management and
could not visit Protection Officers; victims of domestic violence and judicial officers for gathering
the inferences from interview and questionnaire conducted with them.
- The researcher limited the research to the protection of women from domestic violence Act
2005 and to case study where the judiciary is taken initiatives for bringing up effective
implementation of the Act.
- The researcher limited to data collection sources like NCRB, NCW and NFHS-5 for statistical
analysis on efficacy of the Act.
1.9. Future scope of the study.
As we have seen in the above discussion the research is limited to legal aspects of domestic
violence in India, with special reference to the Act 2005 and to critically analyze the provisions of
the Act as well as efficacy of the Act. The researcher also focus on the lack of procedural
safeguards taken by the Act. Researcher emphasized on library resources and national records
which may not be accurate and the same can be enhanced by empirical study in future. So far no
significant study has been done with regards to male harassment by abuse of these laws, and with
12
regards to the consequences if the scope of law is curtailed. The present Act does not provide
protection for men from domestic violence hence there can be further research on gender neutral
laws and hurdle for enforcing them.
Chapter 2:
CONCEPT CAUSES AND CONSEQUENCES OF DOMESTIC VIOLENCE IN
INDIA.
2.1 Introduction.
''From the cradle to the grave, women are objects of violence from those nearest and dearest to
them and it is a never ending cycle for there is considerable evidence of intergenerational transmission of
domestic violence. 22 M.D.R. Freeman'
As stated by Malvika Karlekar 'the journey of hardship start from the womb to the tomb
continuously without any breaks in various forms. Customs, rituals and traditional practice in our country
frequently make a girl the 'lesser child' who is denied optimal opportunities and means required for
growth and development during various stages of childhood.23
Domestic violence is often used as a synonym for intimate partner violence, which is committed by
one of the people in an intimate relationship against the other person, and can take place
in heterosexual or same-sex relationships, or between former spouses or partners. In its broadest sense,
domestic violence also involves violence against children, teenagers, parents, or the elderly. It takes
multiple forms, including physical, verbal, emotional, economic, religious, reproductive, and sexual
abuse, which can range from subtle, coercive forms to marital rape and to violent physical abuse such as
choking, beating, female genital mutilation, and acid throwing that results in disfigurement or death.
Domestic murders include stoning, bride burning, honor killing, and dowry death (which sometimes
involve non-cohabitating family members).24
22
M.D.R. FREEMAN, VIOLENCE IN HOME (1979).
23
MALAVIKA KARLEKAR, 'DOMESTIC VIOLENCE', No27, (EPW. Vol. XXXIII July 1998.)
24
“Domestic Violence”, Wikipedia, the free encyclopaedia, searched via http://en.wikipedia.org/wiki/Domestic_violence on
19/10/2009.
13
In furtherance of this chapter the researcher visions to analyze and explain in detail various
definitions, forms, in the Act and examine the causes of domestic violence with reference to Indian
society so that the social evil can be addressed through various reforms.
2.2 Definitions and concept of Domestic violence.
 Violence: Violence is an act of aggression that crosses the boundary of another person’s autonomy and
identity. It is a coercive instrument to “assert ones will over another, to prove or feel a sense of power”25
 Webster's New Collegiate Dictionary defines violence as exertion of any physical force for instance
violent treatment or procedure, perfonation infringement, outrage assault, strength energy activity
displayed or exerted, vement forcible or destructive action or force.26
 Oxford Dictionary defines violence as behavior involving physical force intended to hurt, damage or
kill.27
 According to Black's Law Dictionary ‘violence means unjust or unwarranted use of force usually
accompanied by fury, vehemence or outrage physical force unlawfully exerted with intent to harm.28
Domestic violence:
The term "domestic violence" implies the incidents of familiar or intimate battering having
reference to an idealized family unit functioning in a protected and secluded manner, appropriately
shielded from the public.29 This idealized conception, the rhetoric of inviolability of family as an
institution, has shielded domestic violence behind an iron curtain as an unacknowledged phenomenon
behind the "closed doors of the family, a private matter between "inmates", which is neither a concern of
public scrutiny nor of interventions.30
Domestic violence does not discriminate. Anyone of any race, age, sexual orientation, religion or gender
can be a victim – or perpetrator – of domestic violence. It can happen to people who are married, living
together or who are dating. It affects people of all socioeconomic backgrounds and education levels. The
strict importance of the word Domestic Violence essentially implies any violent or forceful conduct of
25
ROBERT LITKE , “violence and power”, 44/2 international social science journal 173-83(1992)
26
Webster's New Collegiate Dictionary, 952.
(edn.) 1981.
27
Oxford Dictionary Thesaurus, Indian, 1021 (edn) 2005.
28
Black's Law Dictionary, 1564 VII, (edn) 1999.
29
M.A. FINEMAN, THE PUBLIC NATURE OF PRIVATE VIOLENCE: THE DISCOVERY OF DOMESTIC
ABUSE ,Preface in M.A. Fineman and Mykitiuk R. (Eds.), (Routledge, New York 1994) XI-XVIII.
30
AIR 1999 JS 145
14
any individual inside the Home as the word here may be ‘Domestic’ or as such a brutal fight between a
couple .Essentially from ages, Domestic Violence has been Committed against ladies however in the
present situation men can likewise petition for Domestic Violence which can go under the classification
of Domestic Abuse, family viciousness fundamentally emerging in the connections, for example,
marriage incorporating associations with relatives, family companions and so on and it can be in different
structures, for example, physical animosities, sexual manhandle, psychological mistreatments and so
forth.31
 Black's Dictionary defined domestic violence as violence between members of household, usually
spouses, an assault or other violent act committed by one member of a household against another. 32
2.3 Forms of Domestic violence.

Domestic violence is of various forms it can be physically direct or indirect, psychological, sexual
and so on. The same is classified under following heads:
2.3.1 Physical violence:
Physical violence is further classified into direct physical violence and indirect physical violence .In
case of direct physical violence the abuser intends to murder or rape the victim through unwanted
physical force to cause injury or harm the victim. And in case of indirect physical violence Indirect may
include destruction of objects, striking or throwing objects near the victim. 33Bruises, broken bones, head
injuries, lacerations, and internal bleeding are some of the acute effects of a domestic violence incident
that require medical attention and hospitalization. 34 Some chronic health conditions that have been linked
to victims of domestic violence are arthritis, irritable bowel syndrome, chronic pain, pelvic pain, ulcers,
and migraines.35 Victims who are pregnant during a domestic violence relationship experience greater risk
of miscarriage, pre-term labour, and injury to or death of the foetus.36
31
Ravi S Gupta, Domestic violence and laws in India, MY VOICE (Aug-24-2021 11:30AM)
https://myvoice.opindia.com/2020/09/domestic-violence-and-laws-in-india.
32
Black's Law Dictionary, 564.7th (edn).1999.
33
Arizona Coalition Against Domestic Violence. 2010. Archived from the original on December 22, 2015.
Retrieved November 6, 2017.
34
Jones Iii, Richard F.; Horan, Deborah L.. "The American College of Obstetricians and Gynecologists: A decade of
responding to violence against women". International Journal of Gynecology & Obstetrics. 58 (1): 43–50(July 1997)
35
Berrios, Daniel C.; Grady, Deborah. "Domestic violence: risk factors and outcomes". The Western Journal of
Medicine. 155 (2): 133–135. (August 1991).
36
Breiding, Matthew J.; Chen, Jieru; Black, Michele C. (2014). Intimate partner violence in the United States — 2010(PDF).
Atlanta, Georgia: National Center for Injury Prevention and Control of the Centers for Disease Control and
Prevention. OCLC 890407586. Archived (PDF) from the original on October 28, 2017.
15
 Psychological abuse: This may also involve economic and/or social control such as controlling
the victim's money and other economic resources, preventing the victim from seeing friends and
relatives, actively sabotaging the victim's social relationships, and isolating the victim from
social contacts.37
 Sexual abuse: Any situation in which force is used to obtain participation in unwanted, unsafe,
or. Forced sex, even by a spouse or intimate partner with whom consensual sex has occurred, is
an act of aggression and violence. Furthermore, women whose partners abuse them physically
and sexually are at a higher risk of being seriously injured or killed.38
 Emotional abuse: Emotional abuse (also called psychological abuse or mental abuse) can
include humiliating the victim privately or publicly, controlling what the victim can and cannot
do, withholding information from the victim, deliberately doing something to make the victim
feel diminished or embarrassed, isolating the victim from friends and family, implicitly
blackmailing the victim by harming others when the victim expresses independence or
happiness, or denying the victim access to money or other basic resources and necessities.39
 Economic abuse: This is deprivation of economic or financial resources which an aggrieved
person requires out of necessity. Not providing food, medicine or enough money or causing
hindrances to employment of women are all examples of economic abuse.40There are many
other abuses which a women face along these by her relatives or partner like Forced prostitution,
Stalking, Dowry death, Abetment to commit suicide, Cruelty, Hurt and Grievous hurt, Bigamy
and Adultery.
2.4 Causes of Domestic Violence.

Domestic violence acts has a threat to influence the views of one person in life of another and there are
also many other reasons and causes for increase of domestic violence and they are listed has follows:
 Dominance and Greed for money: Among all the reasons one of first and foremost reason as to
why domestic violence takes place is the attitude of patriarchal members. Members are begotten
37
“Domestic Violence and Abuse: Warning Signs and Symptoms of Abusive Relationships”,
http://en.wikipedia.org/wiki/Domestic_violence, updated on Sept. 6, 2009, searched on 19/10/2021.
38
Watts C, Zimmerman C. "Violence against women: global scope and magnitude". Lancet 359 (9313): 1232–7.
doi:10.1016/S0140-6736(02)08221-1. (April 2002).
39
Waits, Kathleen (1984-1985). "The Criminal Justice System's Response to Battering: Understanding the Problem, Forging
the Solutions". Washington Law Review 60: 267–330.
40
MAMTA RAO, LAW RELATING TO WOMEN AND CHILDREN ,215 (3rd edn eastern book company 2012).
16
with an attitude of possessiveness and dominating behaviour which is problematic in the Indian
culture. In Indian context, it is observed that two basic facts are the roots for attitude towards
women resulting in violence. First it is a land of contrast- extremely traditional and extremely
modem values exist side by side and on the other hand it remains firmly rooted in the patriarchal
ideology which is premised upon male supremacy and legitimization of women's oppression.
Because of this basic ideology the same situation remains largely unchallenged and unchanged;
violence against her is perpetuated in old form and sometimes in different and newer guise. 41
Increasing dowry demands are mainly responsible for incidents of harassments to daughters-in-
law in their husband's homes. The dowry system is the root cause of many evils of our society.
The parents want to see their daughters settled and happy in their families, where they could lead
their lives comfortably. In their anxiety to do so, they are ready to pay the bridegroom's side cash
or other things for the security of their daughters. Day by day, the amount paid as the dowry has
been on the increase. The demands of in-laws persist even after marriage, sometimes result in
dowry deaths.42
 Discrimination against female child: Discrimination between son and daughter begins even before
giving birth to a child. If son is given birth then the moment is occasion of joy but if daughter
takes birth then it is a moment of mourning. The reason for this is that son is an heir for family and
there is a good income from dowry during his wedding where as for daughter they should start
saving money for dowry. A family is complete only when a child is given birth but the parent
desire for son and the same desire goes to an extent to kill female infant. This ideology is not
changed even during modern times moreover modern techniques are used to get rid of female.
 Cultural Practice: There are many ill practices present in Indian society which is practiced in the
name of culture. Those practices in enforced through various religious as well as traditional
practices. These practices are the root cause for discrimination and domination faced by women.
Dowry, Purdah, Sati systems are all the ill tradition followed against women in order to lessen the
status of women.
 Illiteracy: All over the world one of the main tools which can bring social reform in the society is
education. But girl children were denied education in the initial stage. But in today’s generation
girls equally have rights to be educated like that of a boy. Education is so powerful that it can
41
UDAY VEER, 'CRIME AGAINST WOMEN' 66 (Anmol Publication Pune,) 2004.
42
Deshmukh J, The Problem of Domestic Violence in India , 81 SHODGANGA INFLIBIT.IN ,
13-Feb-2015http://hdl.handle.net/10603/35072.
17
create a big difference from within and outside. Education to male as well as female can also
affect reduction in domestic violence.
 Alcoholism: Usage of Alcohol and drugs are another reason for increase in domestic violence. If a
person is druggist or alcoholic then he may lose self control and this may lead to excessive spousal
abuse. This can increase abusive nature of person and tolerating behaviour of another. Excess of
drinking is not only injurious to health but also injurious to family.
 Relationship Retention Behavior: One of the causes of domestic violence is the thought process
that violence can help save marriage. Many partners resort to domestic violence in marriage
because they think this is the only way to retain their partner. Any threat to the relationship
motivates the spouse to devise such retention strategies. Such behaviors, although wrong, are
meant to explicitly or implicitly aim at maintaining the bond. However, such a treatment,
intimidation, or verbal abuse contributes to the causes of domestic violence. It, thereby, leads to
marriage separation or divorce.43
 Commodification of Women: The violence against women can be interrelated with the perception
of women as 'private property. In number of dowry cases, the women are commodified into
economic terms and conceptuation of their economic value, irrespective of her education and
personality.44
 Increased Urbanization: Domestic violence is also caused due to increase in urbanization. Due to
urbanization the situation raised where marital couples separate from joint family. Because there is
no elderly person at home there are more chances for the couples to lose patience and there
increases domestic violence too.
 Poverty and unemployment: People in dire financial straits are more likely to be involved in
domestic violence. Half of homeless women and children are victims of domestic violence. One
major cause of this trend is the fact that abuse victims in poverty often lack the means to escape
the situation. They may not have access to legal help or be able to afford their own housing.
Abusers usually take steps to keep their victims in poverty as well. For example, an abuser may
sabotage a job opportunity for their victim in order to keep the victim dependent on the abuser.45
 Influence of media: Influence of media in Indian society is quick in being influenced by the west.
43
Rachael Pace, 10 Most Common Causes Of Domestic Violence in Relationship, MARRIAGE.COM, 26-Apr-2021,
https://www.marriage.com/advice/domestic-violence-and-abuse/causes-of-domestic-violence.
44
Deshmukh J, The Problem of Domestic Violence in India ,82 SHODGANGA INFLIBIT.IN , (6-Aug-2021 5 :30 PM )
http://hdl.handle.net/10603/35072
45
Rachael Pace, 10 Most Common Causes Of Domestic Violence in Relationship, MARRIAGE.COM, 26-Apr-2021,
https://www.marriage.com/advice/domestic-violence-and-abuse/causes-of-domestic-violence.
18
The condition of our Indian cinema is deteriorating day by day. In Indian movies it is common to
have scene of sexual harassment or rape such indecent scenes are often being shown in flings.
Conditions have become scan that it has become rather embarrassing to watch T.V. with the
family as most of the film songs have the heroes and heroines doing vulgar dances and songs
containing sexual innuendoes. Most of the movies portray heroines as sex objects. All this leads to
increase in atrocities against women. Not only movies but T.V serials and advertisements are also
promoting such undesirable things on the screen.46
 The societal and community factors: This also influence violence includes residing in
communities where murder rates are high, and in those where wife beating is socially condoned.
Inconsistent associations of violence were found with other factors like age, place of residence
(urban/rural), age at marriage, and duration of marriage Though studies have identified the
association between various factors and violence, the gender norm is expected by a woman. i.e., to
be more submissive to the husband and elders, and forbidding her to bring out problems to outside
world, may influence her reporting and interpreting the causes of violence.47
 Locked-down: Domestic violence in India: During the lockdown period there are more chances of
domestic abuse of women and girls. Owing to the coronavirus-induced locked down and restriction of
movement, the domestic violence case was on rise and women suffered abuse, amid the second wave of
the pandemic which had wreaked havoc all around, the counseling centre received three times
more calls as compared to last year and the statistical analysis and reporting for the same is done
in further chapter.
 Low rate of punishment of guilty: 48The low conviction rate is deplorable. The remedies that
women have resources to within law are ineffective in as much as they do not cater to the
immediate need of women. Lack of evidence and lack of guidance loop holes is existing laws are
some of the reasons for the rise in crime against women. Present available remedy under Civil
Laws is ground for divorce by a spouse in case of facing cruelty by other one. The Hindu Marriage
Act, 1955, The Indian divorce Act, 1869, The Dissolution of Muslim Marriage Act, 1930, The
Parsi Marriage and Divorce Act, 1939, The special Marriage Act (1954), The Muslim women
(protection or divorce) Act, 1986, The Hindu Adaptation and maintenance Act, 1956. Under all
46
Savita, Domestic violence against women a sociological study, Chapter 1, 25 SHODGANGA INFLIBIT.IN, (6-Aug-2021,
5:30 PM) http://hdl.handle.net/10603/106277.
47
Elizabeth Gabriel, “Domestic violence and its effects on women”, 40 , SHODGANGA INFLIBIT.IN 23-Feb-2015.
48
Savita, Domestic violence against women a sociological study, Chapter 1, 25 SHODGANGA INFLIBIT.IN, (6-Aug-2021
5 :30 PM) http://hdl.handle.net/10603/106277.
19
these enactment cruelty is meant only for ground for divorce
Provision’s under IPC: Under section 125, the wife can file a suit against her husband if the
husband fails to maintain her.
Section 302/304 (b) clarify the meaning and punishment relating to homicide for dowry, dowry
death, or their attempts. Under section 304 (b), death of her marriages shall be deemed to have
been caused by any demand for dowry. Who so ever causes such death shall be punishable with a
term not less than seven years but May also extend to imprisonment for life or even a death
sentence.
Section 306 says that only person who commits suicides; whosoever aborts the commission of
such suicide is punishable with imprisonment up to 10 years and also fine. The offence is
cognizable non compoundable.
Under sections 312 to 314 where a person causing miscarriage and punished with imprisonment
which may extend up to 3 years or with fine or both.
Bigamy is an offence under section 494 such an act is punishable with imprisonment for a term
extending 7 years or with fine.
Under section 498A FIR can be lodged at any police station or a women cell for torture, both
mental and physical by the husband or the in-laws. The offense is cognizable, non-boilable non
compoundable. The punishment is imprisonment which may extend up to 7 years with fine.
Section 354 deals with outraging modesty of women. Any act of molestation with intent to outrage
the modesty of women is punishable.49
2.5 Consequences of Domestic Violence.

Domestic violence is caused with a desire to dominate the victim in all angles of life. This is
because the female gender is oppressed in order to allow men to rule in all political, economical and
social issues. What causes domestic violence here is the fact that women are not allowed to exercise their
leadership skills. The victims of domestic violence are really affected by the consequences involved in
this issue.50It is unfortunately true that a Indian woman has, even in her home been given 'subordinate'
role to play. Her major concern is expected to be catering to the comforts of the family as a dutiful
daughter, loving mother, obedient daughter-in-law, and faithful submissive wife. She is perhaps
49
Savita, Domestic violence against women a sociological study, Chapter 1, 25 SHODGANGA INFLIBIT.IN, (6-Aug-2021
5 :30 PM) http://hdl.handle.net/10603/106277.
50
Anna , Effects of Domestic Violence on Children, CASE STUDY (Aug 04, 2021,2:37PM ) https://acasestudy.com/effects-of-
domestic-violence-on-children.
20
everything except a human being on par with her counterpart—the man.51
Women have the right to enjoy physical and mental health. Health is the state of mental, physical
and social well-being of a human being; and not merely a state of absence of disease and infirmity. A
healthy woman can constitute a healthy family and ultimately a healthy nation. A woman who is the
sufferer of violence, especially a victim of domestic violence, would generally face health hazards either
in physical or mental form. Women have unequal opportunities in regard to the maintenance of their
health in different parts of the world. In many developing countries, women are deprived of access to
basic health services as health policies and strategies generally do not take account of women s
autonomy.52
A victim of domestic violence generally neglects her own health due to lack of confidence and
courage to think about her well-being. Women are generally engrossed in taking care of their near and
dear ones and their own health is neglected. A woman, if she is the victim of physical violence, becomes
the victim of psychological problems as well. A woman who is a victim of violence inside homes has to
suffer the consequences which hamper her overall development, and is in turn detrimental for the growth
of any nation. Physical consequences are physical injury, wounds, broken bones, burns, bruises,
hypertension, headache, skull fracture, etc. Sexual effects include STDs (sexually transmitted diseases)
such as HIV, gynecological problems, vaginal or urinary infections, tearing of vagina or anus, etc.
Psychological effects include acute depression and stress, low self-esteem, uncontrolled crying or
unrestrained expression of anger, PSTD (posttraumatic stress disorder), eating disorder, etc. Some of
these are discussed below53:-
 Victim of physical injuries: The result may be bruises which can be seen (major or mild) but it can
also result into internal injuries like miscarriages, body parts may hurt for several days (for
example the elbow may hurt for several days as a result of her arm being twisted) or a tooth
became loose, or she may bite the inside of her mouth when punched or the ribs or spine may hurt
after a kick; but unfortunately if there are no immediate effects, it remains invisible even during
inquiries.54 Reproductive health care that incorporates domestic violence support services is
51
' C. J. A.S. ANAND, ''JUSTICE FOR WOMEN. CONCERNS AND EXPRESSIONS" 13 (Universal Law Pub House
Second edition, 2003).
52
Gupta, Reena, Working and effectiveness of laws on domestic violence in India A critical appraisal with special reference to
the position in Delhi ,Chapter 2, SHODGANGA@INFLIBNET (Aug/09/2021 8:30PM) http://hdl.handle.net/10603/303553.
53
54
P. EMERSON DOBASH, RUSSELL P. DOBASH,ET.AL, CHANGING VIOLENT MEN .19 (Sage Publications, London
2000).
21
needed to meet the special needs of abused women.55 Intimate partner abuse is associated with
depression and suicide and adverse effect upon pregnancy. The women who are victims of
Violence also limit women's ability to use HIV preventives.56
 Depression: It is seen according to studies in Australia, Nicaragua, Pakistan and the US, women
who are victims of violence by their partners are more likely to become victims of depression in
comparison to those women who have not suffered violence at home. For example, women aged
between 15 to 49 years in Nicaragua, who were victims of battering, were six times more likely to
suffer psychological distress as measured through the International Mental Health scale .And it
was found in the study that physical abuse was the dominant factor for approximately 70% of the
problems related with mental health in the women victims.57
 PTSD (post-traumatic stress disorder): It is an acute anxiety disorder found in people who have
either themselves gone through trauma or have witnessed a traumatic incident ,and as a result,
suffer acute helplessness or apprehension of death or injury. The symptoms of PTSD include
mentally reliving the traumatic event through flash backs or flooding, trying to avoid the things
which act as reminders of the trauma, or turning psychologically numb. Sometimes they find
trouble sleeping and concentrating. These victims are easily alarmed or startled.58
 No desire to have sex: The impact of repeated domestic violence is that the women’s desire to
have sex with perpetrator either diminishes or extinguishes altogether, which again becomes the
cause of further violence since the man becomes suspicious. In an extract it was said, you say your
relationship is very bad just now. What has changed your relationship over the years? I hate
having sex with him.... I don’t want to sleep with him [now] quite happy when I am not getting it
and he doesn’t t understand that and then he goes on “you may be getting it from somewhere
else”59
 Suicide: The worst effect of domestic violence, especially Intimate Partner Violence (IPV), is
suicide by the victim. There are various forms of victims and victimization existing in the society.
55
Ravneet Kaur and Suneela Garg, Addressing Domestic Violence Against Women: An Unfinished Agenda 32(3) IJ C M ,73-76
(April,2008).
56
57
ANURADHA GAUR, VIOLENCE AGAINST WOMEN A NATIONAL AND INTERNATIONAL PERSPECTIVE, 33-34
(MD Publications, New Delhi, 2010).
58
ANURADHA GAUR, VIOLENCE AGAINST WOMEN A NATIONAL AND INTERNATIONAL PERSPECTIVE, 33-34
(MD Publications, New Delhi, 2010).
59
P. EMERSON DOBASH, RUSSELL P. DOBASH ,ET.AL, CHANGING VIOLENT MEN ,31(Sage Publications ,London,
2000).
22
As domestic violence occurs in all strata of society, including the upper strata, the cases of victims
who are otherwise powerful public figures are more critical. Inspite of their public image, at home,
they are powerless and having subordinate and oppressed position where they suffer all kinds of
violence.60
The above stated effects shatter a woman completely and may in turn have very detrimental
effects upon the overall personality of the woman and in some cases, upon her children as well. 61
The present chapter deals with the meaning and concept of domestic violence. The chapter discusses
on various kinds of domestic abuse and also reasons for increase in domestic violence which includes
patriarchal culture, greed for money, alcoholism, illiteracy and very important one is dominating
attitude of men.Realizing the impact on the violence against women to the society and the country,
especially on the health and wellbeing of the victims and the nation, prevention is always possible and
essential. Therefore, various activities needs to be implemented that suits the target groups' needs in
different states, with multiple layers of target group both urban and rural areas. More emphasis needs
to be placed in combating Domestic violence from pre phase, during and post phase of Domestic
violence situation. It is believed that workplace, government and legislative interventions together
with great initiatives from communities especially NGOs are the most important efforts in combating
Domestic violence.62
60
Amrita Mukhopadhyay, Suicide on domestic violence ,47 E PW 81 (November ,2017).
61
the position in Delhi,Chapter 2, SHODGANGA@INFLIBNET (Aug/09/2021 8:30PM) http://hdl.handle.net/10603/303553.
62
Syazliana Astrah Mohd Idris ,Nurul Nadia Abd Aziz, Raja Kamariah Raja Mohd Khalid ,Nor Fadillah Mohamed Nizar,
Khalillah A.Rasip and Wahida Ayub, Causes And Effects Of Domestic Violence: A Conceptual Model On The Performance At
Work, International Journal for Studies on Children, Women, Elderly And Disabled, Vol. 4, (June) ISSN 0128-309X (2018).
23
Chapter 3
INTERNATIONAL INITIATIVES TO UPLIFT THE STATUS OF WOMEN
3.1 Introduction.
The United Nations is committed to the principle of equality of men and women, meaning equality
in their dignity and worth as human beings as well as equality in their rights, opportunities and
responsibilities. In its work for the advancement of women, the entire United Nations system has
dedicated itself to ensuring the universal recognition, in law, of equality of rights between men and
women and to exploring ways to give women, in fact, equal opportunities with men to realize their human
rights and fundamental freedoms…… United Nations63
It is indeed very surprising to see that woman, who was exploited the world over, was chosen to be
the earliest entity to voice the classic example of inalienable rights of human beings. In Greek literature,
Sophocles talks about inalienable human rights of a citizen, through a woman, in a play, a Greek
tragedy.64
63
United Nations and Human Rights, New York148 (United Nations, New York 1984). Quoted in Krishna lyer, "Human Right
to be Woman Justice" 4 in K. Kusum (Ed.) Women March Towards Dignity Socio Legal Perspective (Regency Publications,
New Delhi 1993).
64
DR R. VARHADI, A FAST FORWARD THROUGH HUMAN RIGHTS HISTORY AND PRESENT STATUS 91 in
Compact Unabridged Dictionary (Random House, 1820).
24
The prevalent gender bias, being offensive to human dignity and human rights, has emerged as a
fundamental crisis the world over. Human rights can be taken as those minimal rights which every
individual must have against the State or other public authority by virtue of his being a "member" of the
human family, irrespective of any other consideration, Democracy, development, respect for human rights
and fundamental freedoms are interdependent and have mutual reinforcement. The human rights for
women are therefore an inalienable, integral and indivisible part of human rights. The full development of
personality, fundamental freedoms and equal participation by women in political, social, economic and
cultural scenarios are concomitant for international as well as national development, social and family
stability and growth-culturally, socially and economically. All forms of discrimination on grounds of
gender are, thus, violative of fundamental freedom and human rights. Gender injustice and insensitiveness
manifests itself in the form of discrimination, crime and violence against women.65
Taking cognizance of this repression all over, the United Nations (UN) passed various instruments
with a focus on women's emancipation and with the object of enhancing the dignity of women all over the
world The UN has come a long way from being a security agency to become an organization concerned
with human rights, justice and equality. In the area of women's issues, it has gathered enormous support
whereby it has promoted and protected women's rights and women's empowerment. Throughout the
world, the UN has prescribed "common minimum standards to be adopted by Member countries for
eradicating gender discrimination. The international women's movement began many years before the
inception of the UN. In 1775, Mary Wollstonecraft, wrote A Vindication of the Rights of Women'. 66
After the inception, the UN moved quickly to affirm that the advancement of women was a major
thrust area of its work. Four progressive phases are discernible in the evolution of these efforts:
 In the first period, from 1945 to 1962, the UN worked to secure women's legal equality. In politics,
women were often denied the right to vote, to hold office, or otherwise to participate in political life. 67
With the formation of the Commission on Human Rights and the Commission on the Status of Women in
1946, and the adoption of the Universal Declaration of Human Rights (UDHR) in 1948, the UN began its
work on behalf of women with a drive to establish the legal basis for the promotion of their equal rights.
The Commission on Status of Women recognized that the process of codifying the legal rights of women
had to begin with factual information about the extent to which discrimination against women existed in
law and practice.
65
MAMTA RAO, LAW RELATING TO WOMEN AND CHILDREN, 33-34 (Eastern book company, 3RD Edn. 2012).
66
67
GULAB GUPTA, HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN INDIA, 21.
25
 During the second period from 1963 to 1975, more and more governments responded to the UN by
adopting law and programme to protect women's rights. Adoption of the Declaration on the Elimination
of Discrimination against Women in 1967 acted as a catalyst and the UN encompassed, apart from
codification of rights, the economic and social realities of women. With the proclamation of 1975 as the
International Women's Year, the campaign for women's rights gathered momentum. A major conference
was held in Mexico on the status of women, which developed a three-pronged theme of equality,
development and peace. This theme became the basis of the UN's work for women in the coming years.
 The third phase from 1976 to 1985 coincided with the UN Decade for Women. The UN projected the fact
that women's equality and rights, far from being isolated issues, were important factors in the well-being
of societies everywhere. The undervaluation of women was identified as both a cause and an effect of
underdevelopment, closely linked to global problems, such as poverty, overpopulation, illiteracy,
malnutrition and poor health conditions. The findings immediately had a global impact manifested in the
Convention on the Elimination of All Forms of Discrimination against Women, 1979 (CEDAW), which is
an International Bill of Human Rights for Women. The decade also generated a series of action
programmes that recognized the need to promote equality of men and women.
 In the current fourth phase, from 1986 till date, the UN and its institutions have been strengthened, and
the support for the rights of women have been woven into the mainstream efforts of all the UN's agencies
and bodies. The World Summit for Children, 1990; Earth Summit, 1992; the World Conference on
Human Rights, 1993; International Conference on Population and Development, 1994; and the World
Summit for Social Development, 1995 synthesized the achievements, recognizing the pivotal role of
women in eradicating poverty and mending the social fabric.68
3.2 Universal Declaration of human rights 1948.

The international legal protection of human rights has undergone dramatic growth and evolution
since the end of the Second World War, the founding of the United Nations (UN) in 1945, and the
subsequent adoption, by the UN general assembly, of the universal Declaration of human Rights
(UDHR)69 on 10 December 1948.70 The proclamation and adoption of the UDHR on 10 December 1948
68
“The Development Of Women’s Rights In Four Phases” GULAB GUPTA, HUMAN RIGHTS AND FUNDUMENTAL
FREEDOMS IN INDIA, 21.
69
UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III), available at:
https://www.refworld.org/docid/3ae6b3712c.html [accessed 6 August 2021].
70
M.R. Ishay, The History of Human Rights: From Ancient Times to the Globalization Era ,BERKELEY, CA: UNIVERSITY
OF CALIFORNIA PRESS, 2004); T. Buergenthal, ‘the evolving International human rights system’, 100(4) AMERICAN
26
marked the real beginning of the momentous international journey towards ensuring that human rights are
protected universally by the rule of law.71 Thus, the UDHR is considered today as the legal baseline for
modern international human rights law, and 10 December 2008 marked the 60th anniversary of the setting
of that legal baseline.72
The Preamble of the UN (1945) begins by reaffirming a "faith in fundamental human rights, in the
dignity and worth of the human persons, in the equal rights of men and women and of nations large and
small". As per the UDHR, women along with men are entitled to all rights and the terms “no one” and
“everyone” includes both men and women. The declaration has 30 Articles. Article 2 to 21 has been
referred to as civil and political rights and Articles 22 to 27 deals with different social and economic
rights.73
Article 2 of the Declaration states: Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be
made on the basis of the political, jurisdictional or international status of the country or territory to which
a person belongs, whether it is independent, trust, non-self-governing or under any other limitation of
sovereignty.74
Under Article 16 of the Declaration, men and women of full age without any limitation due to race,
nationality or religion, have the right to marry and to form a family. They are entitled to equal rights as to
marriage, during marriage and its dissolution. Marriage shall be entered into only with the free and full
consent of the intending spouses. The family is the natural and fundamental group unit of society and is
entitled to protection by society and State. Article 1 all human beings are born free and equal in dignity
and rights. They are endowed with reason and conscience and should act towards one another in a spirit of
brotherhood. Article 3 everyone has the right to life, liberty and security of person. Article 7 All are equal
before the law and are entitled without any discrimination to equal protection of the law.75
JOURNAL OF INTERNATIONAL LAW, 783–807 (2006), and M. Mutua, ‘Standard Setting in Human Rights: Critique and
Prognosis’, 29 HUMAN RIGHTS QUARTERLY, 547–630. (2007).
71
M.A. Glendon, ‘The Rule of Law in the Universal Declaration of Human Rights’, 2 NORTHWESTERN JOURNAL OF
INTERNATIONAL HUMAN RIGHTS, 5 (2004), [online]. Available from: http://www.law.northwestern.
edu/journals/jIhr/v2/5.
72
Mashood A. Baderin And Manisuli Ssenyonjo, Development of International human rights law Before and after the UDHR,
SCHOOL OF LAW LEGAL STUDIES RESEARCH PAPER SERIES, 1 (2011) Online Available
from:www.soas.ac.uk/law/researchpapers.
73
MAMTA RAO, LAW RELATING TO WOMEN AND CHILDREN, 38 (Eastern book company, 3RD Edn. 2012).
74
75
27
Other civil and political rights Include No slavery, No cruelty torture or inhuman treatment,
Presumption of innocent until proved guilty, equality to fair public hearing, No arbitrary interference with
his or her privacy, right to freedom of movement and residence, right to a nationality, freedom of thought,
conscience and religion, freedom of opinion and expression.
(Article21). In addition to the above civil and political rights, there are certain social and economic rights
which are76: Everyone has the right to social security (Article 22), Everyone has the right to work, to free
choice of employment, to just and favorable conditions of work and to protection against unemployment.
Everyone, without any discrimination, has the right of equal pay for equal work (Article 23), Everyone
has the right to rest and leisure, including reason able limitation of working hours and periodic holiday
with pay (Article 24), Everyone has the right to a standard of living adequate for the health and well-being
of himself and of his family (Article 25), Everyone has the right to education (Article 26), Everyone has
the right to freely participate in the cultural life of the community (Article 27).
The International Covenant on Civil and Political Rights, 1966 (ICCPR) in Article 3 declares: The
State Parties to the present Covenant undertake to ensure the equal right of men and women to the
enjoyment of all civil and political rights set forth in the present covenant. 77 The main purpose of
Covenant is to provide a new international machinery of an international instrument is necessary to set in
motion the new international machinery and to create the obligation for States parties to co-operate with
it, but it is not necessary to establish the obligation of States parties to respect the rights recognized in it. 78
The Covenant is one of the fundamental instruments created by the international community for global
promotion and protection of human rights. Over 100 States, including the member States of the European
Community, Canada and other traditional U.S. allies have ratified the Covenant. In view of the leading
role that the United States plays in the international struggle for human rights, the absence of the
Covenant is conspicuous and in the view of many, hypocritical.79
The International Covenant on Economic, Social and Cultural Rights, 1966 declares the same
thing in Article 3: The State Parties to the present Covenant undertake to ensure the equal right of men
76
77
UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations, Treaty
Series, vol. 999, p. 171, available at:https://www.refworld.org/docid/3ae6b3aa0.html [accessed 6 August 2021].
78
Satish Chandra, "Covenant on Civil and Political Rigjits and its Implementation - A Critical Appraisal", 209-22
ALR. Vol. 6 Nos. 1712 1982, Quoted in Saini, Vidhyadar Kumar, Domestic violence _ causes_ consequences_ legislative and
judicial trends, SHODHGANGA@INFLIBNET(Aug-09-2021 1:30 PM) -http://hdl.handle.net/10603/297597.
79
Pell, United States : Senate Committee on Foreign Relations Reort on the international Covenant on Civil and Political
Rights, 31ILM 645 (19920). Quoted in Saini, Vidhyadar Kumar, Domestic violence _ causes_ consequences_ legislative and
28
and women to the enjoyment of all economic, social and cultural rights set forth in the present covenant. 80
The main theme of the Covenant is not to constitute new rights for the individual or to establish a
previously non-existent obligation to respect those rights. Its normative relevance is limited to the
enumeration and definition of rights and applying the provisions of the Covenant will examine the norms
set out in it and give added precision to the obligations imposed on States parties under it. The main
object of this Covenant is to provide a new international machinery of an international instrument is
necessary to set in motion the new international machinery and to create the obligation for States parties
to co-operate with it, but it is not necessary to establish the obligation of States parties to respect the rights
recognized in it.81
3.3 Convention on the Political Rights of Women, 1953
The Convention was adopted by the General Assembly on 20 December 1952' and came into force
on 7 July 1954.The Convention desires to implement the principle of equality of rights for men and
women contained in the Charter of the UN. The preamble of the Convention reiterates the principles set
out in Article 21 of the Universal Declaration of Human Rights, which declares that all people have the
right to participate in the government of their country, and to access public services.82
According to Article I of the Convention, women shall be entitled to vote in all elections on equal
terms with men, without any discrimination, Women will also be eligible for election to all publicly
elected bodies, established by national law, on equal terms with men, without any discrimination (Article
II). They will also be entitled to hold public office and exercise all public functions established by
national law on equal terms with men without discrimination (Article III).83
3.4 Convention on the Nationality of married women, 1957

In 1949, the Commission on the Status of Women expressed the view that a Convention on the
Nationality of Married Women should be pre pared and concluded, as soon as possible, for it would
assure women of equality with men, especially with respect to the right to a nationality, and prevent them
from becoming Stateless upon marriage or at its dissolutions. Subsequently, the draft of the Convention
80
UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 16 December 1966, United
Nations, Treaty Series, vol. 993, 3, available at: https://www.refworld.org/docid/3ae6b36c0.html [accessed 6 August 2021].
81
Mr. Pell, United States : Senate Committee on Foreign Relations Reort on the International Covenant on Civil and Political
Rights, 31ILM 645 (19920. Quoted in Saini, Vidhyadar Kumar, Domestic violence _ causes_ consequences_ legislative and
82
UN General Assembly, Convention on the Political Rights of Women, 20 December 1952, A/RES/640(VII), available at:
https://www.refworld.org/docid/3ae6b3b08.html [accessed 6 August 2021].
83
MAMTA RAO, LAW RELATING TO WOMEN AND CHILDREN, 38 (Eastern book company , 3RD Edn. 2012).
29
was prepared by the Commission and in 1957; the General Assembly adopted the Convention on the
Nationality of Married Women. The contracting State Parties of the Convention have undertaken the
following commitments84:
1. Neither the celebration nor the dissolution of a marriage between one of its nationals and an alien, nor
the change of nationality by the husband during the marriage, shall automatically affect the nationality of
the wife.85
2. Neither the voluntary acquisition of the nationality of another State, nor the renunciation of its
nationality by one of its nationals shall prevent the retention of its nationality by the wife of such
national.86
3. The alien wife of one of its nationals may, at her request, acquire the nationality of her husband
through specially privileged naturalization procedures. However, the grant of such nationality may be
subject to such limitations as may be imposed in the interest of national security or public policy.87
4. The present Convention shall not be construed as affecting legislation or judicial practice by which the
alien wife of one of its nationals may, at her request, acquire her husband's nationality as a matter of
right.88
3.5. Declaration on the elimination of discrimination against women, 1967

The UN General Assembly adopted the Declaration on the Elimination of Discrimination against
Women on 7 November 1967. This Declaration was a precursor to the CEDAW, 1979. Some of the
important Articles are related to equal remuneration, equal rights in the fields of economic and social life.
The Preamble to the Declaration states that despite various instruments, extensive discrimination against
women continues to exist. It recalled that discrimination against women violates the principles of equality
of right and respect for human dignity.89
Article 10 of the Declaration directs that all appropriate measures shall be taken to ensure to women,
married or unmarried, equal rights with men in the fields of economic and social life and, in particular,
84
S.K KAPOOR,HUMAN RIGHTS UNDER INTERNATIONAL LAW AND INDIAN LAW (central law agency, 1999)
85
UN General Assembly, Convention on the Nationality of Married Women, Art.1, 29 January 1957, available at:
https://www.refworld.org/docid/3ae6b3708.html [accessed 6 August 2021].
86
UN General Assembly, Convention on the Nationality of Married Women, Art 2, 29 January 1957, available at:
87
UN General Assembly, Convention on the Nationality of Married Women, Art.3, para 1 29 January 1957, available at:
88
UN General Assembly, Convention on the Nationality of Married Women, Art 3 para 2 29 January 1957, available at:
89
MAMTA RAO, LAW RELATING TO WOMEN AND CHILDREN, 41-42 (Eastern book company , 3RD Edn. 2012).
30
1. The right, without discrimination on grounds of marital status or any other grounds, to receive
vocational training, to work, to free choice of profession and employment, and to professional and
vocational advancement;
2. The right to equal remuneration with men and to equality of treatment in respect of work of equal
value;
3. The right to leave with pay, retirement privileges and provision for security in respect of
unemployment, sickness, old age or other incapacity to work; and
4. The right to receive family allowances on equal terms with men.90
In order to prevent discrimination against women, on account of marriage or maternity and to
ensure their effective work, measures shall be taken to 1) prevent their dismissal in the event of marriage
or maternity; 2) provide paid maternity leave with guarantee of returning to former employment, and 3)
make available the necessary social service, including child-care facilities. However, measures taken to
protect women in certain types of work for reasons inherent in their physical nature shall not be regarded
as discriminatory.91
3.6. Convention on the elimination of all forms of discrimination against women, 1979
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),
adopted by the United Nations (UN) General Assembly in 1979, is one of 10 core UN human rights
instruments. Often described as a bill of rights for women, CEDAW’s 30 Articles enshrine a series of
civil, political, economic, and social rights for women. Among other things, the Convention recognizes
the full equality of women and men under the law and proscribes discrimination against women in
education, employment, political participation, healthcare, and economic life. CEDAW recognizes the
right of women to vote and to stand for elected office; to receive equal pay for equal work; to own and
dispose of property; to obtain loans, mortgages, and other forms of credit independently of husbands or
male relatives; to enter into or dissolve marriage freely and with full consent; and to exercise equal
parental rights. State parties are obligated, among other things, to provide equal educational opportunities,
paid maternity leave, and access to family planning services, and to suppress prostitution and the
trafficking of women.92
90
DR S.R. MYNENI, WOMEN AND LAW (Asia Law House, Hyderabad 2002), Quoted in MAMTA RAO, LAW
RELATING TO WOMEN AND CHILDREN, 41-42 (3RD ed. 2012).
91
92
Wade M. Cole, Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) RESEARCH
GATE, (Aug-7-2021,10:00
31
The foundations of CEDAW trace to 1946, when the Commission on the Status of Women (CSW)
was established under the auspices of the UN Economic and Social Council with a mandate to promote
women’s political, economic, civil, social, and educational rights. Over the next 15 years, the CSW
adopted several conventions on women’s rights, including the Convention on the Political Rights of
Women (1953), the Convention on the Nationality of Married Women (1957), and the Convention on
Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1962). CSW also
worked with the International Labour Organization (ILO) on a convention guaranteeing equal pay for
equal work (1951) and joined forces with UNESCO to promote women’s literacy and equal access to
education.93
Article I
For the purposes of the present Convention, the term "discrimination against women" shall mean any
distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing
or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a
basis of equality of men and women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field.94
The essential members or parties to the Convention are all UN members, with the exception of six
member states, Iran, Palau, Somalia, Sudan, Tonga, and the United States, which have not ratified the
convention. By signing the Convention, nations agree to adopt a number of steps to eliminate all forms of
discrimination against women, including: To incorporate the principle of equality of men and women in
their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination
against women; To establish tribunals and other public institutions to ensure the effective protection of
Women, To ensure the elimination of all acts of discrimination against women by persons, organizations,
or enterprises.95
PM)https://www.researchgate.net/profile/Wade-Cole/publication/316228202_Convention_on_the_Elimination_of_All_Forms_
of_Discrimination_against_Women_CEDAW/links/59b1a96f458515a5b4893d41/Convention-on-the-Elimination-of-All-
Forms-of-Discrimination-against-Women-CEDAW.pdf.
93
Wade M. Cole, Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) RESEARCH
GATE, (Aug-7-2021,10:00
PM)https://www.researchgate.net/profile/Wade-Cole/publication/316228202_Convention_on_the_Elimination_of_All_Forms_
of_Discrimination_against_Women_CEDAW/links/59b1a96f458515a5b4893d41/Convention-on-the-Elimination-of-All-
Forms-of-Discrimination-against-Women-CEDAW.pdf.
94
UN General Assembly, Convention on the Elimination of All Forms of Discrimination Against Women, 18 December
1979, United Nations, Treaty Series, vol. 1249, p. 13, available at:https://www.refworld.org/docid/3ae6b3970.html [accessed 7
August 2021].
95
Diganth Raj Sehgal, All about Convention on the Elimination of all forms of Discrimination Against Women (CEDAW),
1979,I PLEADERS INTELLIGENT LEGAL SOLLUTIONS(Aug-07-2021, 10:30 PM)
https://blog.ipleaders.in/convention-elimination-forms-discrimination-women-cedaw-1979.
32
CEDAW is frequently referred to as the “bill of rights for women.” Countries that have ratified the
convention are expected to incorporate it into their national legislation and take the appropriate steps to
guarantee that women and girls throughout the country have the chance to enjoy equality in their lives.
Even though other international treaties focus on minimizing discrimination based on sex, as
the International Covenant on Civil and Political Rights, the CEDAW is unique in that it gives special
attention to women and has formed a set of guidelines on various aspects of women’s human rights that
may contribute to discrimination in any form. CEDAW mandates all countries to eliminate/eradicate
discrimination against women in all spheres. Gender stereotypes and established gender norms are some
examples. Further, this agreement emphasizes establishing “substantive equality” by ensuring “equal
opportunities, results, and access” for women and girls. The Convention lays the groundwork for
achieving gender equality by assuring women’s equal access to and participation in political and public
life, including the ability to vote and stand for election and education, health, and employment. State
parties agree to take all necessary steps, including legislation and temporary special measures, to ensure
that women have access to their full range of human rights and fundamental freedom. The Convention is
the only human rights treaty that recognizes women’s reproductive rights and recognizes culture and
tradition as powerful influences on gender roles and family relationships. It affirms women’s rights to
acquire, modify, or preserve their nationality, as well as their children’s nationality. States parties further
commit to take adequate action to combat all kinds of female trafficking and exploitation. The
Convention’s terms must be implemented by countries that have ratified or acceded to it. They have also
undertaken to provide national reports on their efforts to meet their treaty obligations at least every four
years.96
The Convention provides for the establishment of a Committee on the Elimination of

Discrimination against Women (referred to as the Committee). The Committee shall consist, at the time of
entry into force of the Convention, of 18 and after ratification of, or accession to the Convention by the
35th State Party, of 23 experts of high moral standing and competence in the field covered by the
Convention. Since the Convention has been ratified or acceded to by a large number of States, far greater
than 35, the Committee now consists of 23 members. The Committee seeks to ensure implementation of
the Convention through reporting procedure.97
96
1979,I PLEADERS INTELLIGENT LEGAL SOLLUTIONS(Aug-07-2021, 10:30 PM) .
97
33
The implementation machinery for the Convention is very weak and far from satisfactory by any
standard. The Committee has no teeth. It cannot compel the State Parties to give effect to the provisions
of the Convention. It may simply make suggestions and general recommendations based on the
examination of reports and information received from the State Parties. Indeed, it is much weaker than the
Human Rights Committee established under the ICCPR. The CEDAW is also conspicuous by absence of
provisions relating to inter-State communications system. To make the Committee more effective,
Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 was
adopted. Before the Optional Protocol of 1999, let us take a look at the Declaration on the Elimination of
Violence against Women, 1993.98
The Convention is the sole human rights treaty that recognizes women’s reproductive rights and
recognizes culture and tradition as powerful influences on gender roles and family relationships. It
addresses women of all ages, including elderly women, young women, and young girls. They are in
charge of monitoring the rights and ensuring that they are respected by both men and women. The
convention aims to acknowledge all forms of discrimination against women in their respective countries’
civil, political, social, economic, legal, and cultural lives. And such agendas aim to achieve gender
equality by empowering women and eliminating all types of discrimination against them. Gender equality
has received a great amount of attention in the pursuit of sustainable development, and it is linked to all of
the SDGs. India ratified CEDAW in 1993.99
India became a signatory to the UN Convention on Elimination of Discrimination Against Women
(CEDAW), in 1980 and ratified it in 1993.India has ratified CEDAW with reservations as to Art 5(a),
16(1) and Article – 29(1).Articles 5 (a) and 16(1) of CEDAW is to be specifically highlighted in the
Indian context. Article 5 (a) of the Convention exhorts the state parties to take appropriate measures as to
modify the social and cultural patterns of conduct of men and women, with a view to achieving the
elimination of prejudices and customary and all other practices which are based on the idea of the
inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.100
Article.16(1) exhorts the states parties to take all appropriate measures to eliminate discrimination against
women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of
equality of men and women:
98
99
1979,I PLEADERS INTELLIGENT LEGAL SOLLUTIONS(Aug-07-2021, 10:30 PM).
100
Anuja. S, Rights of women against domestic violence the law and emerging challenges: the law and emerging challenges,
Chapter 3 Shodhganga@INFLIBNET (Aug/09/2021 7:30 PM) http://hdl.handle.net/10603/21123.
34
a. The same right to enter into marriage;
b. The same right freely to choose a spouse and to enter into marriage only with their free and full
consent;
c. The same rights and responsibilities during marriage and at its dissolution.
d. The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to
their children; in all cases the interests of the children shall be paramount;
e. The same rights to decide freely and responsibly on the number and spacing of their children and to
have access to the information, education and means to enable them to exercise these rights;
f. The same rights and responsibilities with regard to guardianship, ward ship, trusteeship and adoption of
children, or similar institutions where these concepts exist in national legislation; in all cases the interests
of the children shall be paramount;
g. The same personal rights as husband and wife, including the right to choose a family name, a
profession and an occupation; and
h. The same rights for both spouses in respect of the ownership, acquisition, management, administration,
enjoyment and disposition of property, whether free of charge or for a valuable consideration.101
By entering reservations in these two aspects, the Government of the Republic of India reserves with itself
and acknowledges the peculiar socio cultural patterns existing in India and follows policy non-
interference in the personal affairs of any Community without its initiative and consent. This reservation
was entered into by Indian Government upon the sole satisfaction of the fact that any upheaval of existing
socio cultural patterns in the societal fabric is likely to overthrow the whole cultural heritage upon which
the Indian civilization thrives. This reservation made by the Government of India sends out the message
that the existing socio cultural patterns are unique to India and are to be preserved. The difficulty of
enactment of a Uniform Civil Procedure Code for all the communities in India is the best exemplification
of the consequence faced in any attempt to up root the existing cultural settings. The country
acknowledges the socio-cultural institutions of marriage and family and the sanctity of familial relations
as inviolable and tries to preserve a sui generis model of its own.102
3.7. Declaration on the elimination of violence against women, 1993

101
UN Committee on the Elimination of Discrimination Against Women (CEDAW), General recommendation on article 16 of
the Convention on the Elimination of All Forms of Discrimination against Women (Economic consequences of marriage,
family relations and their dissolution), 30 October 2013, CEDAW/C/GC/29, available at:
https://www.refworld.org/docid/52d903bd4.html [accessed 9 August 2021].
102
Anuja. S, Rights of women against domestic violence the law and emerging challenges: the law and emerging challenges,
Chapter 3 Shodhganga@INFLIBNET (Aug/09/2021 7:30 PM) http://hdl.handle.net/10603/21123.
35
The Preamble to the Declaration on the Elimination of Violence against Women, 1993" states that
the Declaration on the Elimination of Violence against Women is the first international human rights
instrument to exclusively deal with the issue of violence against women. It affirms that violence against
women violates, impairs or nullifies women's rights and their exercise of fundamental freedom.103
Article 1
For the purposes of this Declaration, the term "violence against women" means any act of gender-based
violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to
women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in
public or in private life.104
Article 2
Violence against women shall be understood to encompass, but not be limited to, the following:
(a) Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse
of female children in the household, dowry-related violence, marital rape, female genital mutilation and
other traditional practices harmful to women, non-spousal violence and violence related to exploitation;
(b) Physical, sexual and psychological violence occurring within the general community, including rape,
sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere,
trafficking in women and forced prostitution;
(c) Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it
occurs.105
Article 3
Women are entitled to the equal enjoyment and protection of all human rights and fundamental freedoms
in the political, economic, social, cultural, civil or any other field. These rights include, inter alia:
(a) The right to life;
(b) The right to equality;
(c) The right to liberty and security of person;
(d) The right to equal protection under the law;
(e) The right to be free from all forms of discrimination;
(f) The right to the highest standard attainable of physical and mental health;
103
104
UN General Assembly, Declaration on the Elimination of Violence against Women, 20 December
1993, A/RES/48/104, available at: https://www.refworld.org/docid/3b00f25d2c.html [accessed 8 August 2021].
105
36
(g) The right to just and favorable conditions of work;
(h) The right not to be subjected to torture, or other cruel, inhuman or degrading treatment or
punishment.106
Article 4
States should condemn violence against women and should not invoke any custom, tradition or religious
consideration to avoid their obligations with respect to its elimination. States should pursue by all
appropriate means and without delay a policy of eliminating violence against women and, to this end,
should:
(a) Consider, where they have not yet done so, ratifying or acceding to the Convention on the Elimination
of All Forms of Discrimination against Women or withdrawing reservations to that Convention;
(b) Refrain from engaging in violence against women;
(c) Exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts
of violence against women, whether those acts are perpetrated by the State or by private persons;
(d) Develop penal, civil, labour and administrative sanctions in domestic legislation to punish and redress
the wrongs caused to women who are subjected to violence; women who are subjected to violence should
be provided with access to the mechanisms of justice and, as provided for by national legislation, to just
and effective remedies for the harm that they have suffered; States should also inform women of their
rights in seeking redress through such mechanisms;
(e) Consider the possibility of developing national plans of action to promote the protection of women
against any form of violence, or to include provisions for that purpose in plans already existing, taking
into account, as appropriate, such cooperation as can be provided by non-governmental organizations,
particularly those concerned with the issue of violence against women;
(f) Develop, in a comprehensive way, preventive approaches and all those measures of a legal, political,
administrative and cultural nature that promote the protection of women against any form of violence, and
ensure that the re-victimization of women does not occur because of laws insensitive to gender
considerations, enforcement practices or other interventions;
(g) Work to ensure, to the maximum extent feasible in the light of their available resources and, where
needed, within the framework of international cooperation, that women subjected to violence and, where
appropriate, their children have specialized assistance, such as rehabilitation, assistance in child care and
maintenance, treatment, counseling, and health and social services, facilities and programmes, as well as
106

37
support structures, and should take all other appropriate measures to promote their safety and physical and
psychological rehabilitation;
(h) Include in government budgets adequate resources for their activities related to the elimination of
violence against women;
(i) Take measures to ensure that law enforcement officers and public officials responsible for
implementing policies to prevent, investigate and punish violence against women receive training to
sensitize them to the needs of women;
(j) Adopt all appropriate measures, especially in the field of education, to modify the social and cultural
patterns of conduct of men and women and to eliminate prejudices, customary practices and all other
practices based on the idea of the inferiority or superiority of either of the sexes and on stereotyped roles
for men and women;
(k) Promote research, collect data and compile statistics, especially concerning domestic violence, relating
to the prevalence of different forms of violence against women and encourage research on the causes,
nature, seriousness and consequences of violence against women and on the effectiveness of measures
implemented to prevent and redress violence against women; those statistics and findings of the research
will be made public;
(l) Adopt measures directed towards the elimination of violence against women who are especially
vulnerable to violence;
(m) Include, in submitting reports as required under relevant human rights instruments of the United
Nations, information pertaining to violence against women and measures taken to implement the present
Declaration;
(n) Encourage the development of appropriate guidelines to assist in the implementation of the principles
set forth in the present Declaration;
(o) Recognize the important role of the women's movement and non-governmental organizations
worldwide in raising awareness and alleviating the problem of violence against women;
(p) Facilitate and enhance the work of the women's movement and non-governmental organizations and
cooperate with them at local, national and regional levels;
(q) Encourage intergovernmental regional organizations of which they are members to include the
elimination of violence against women in their programme , as appropriate.107
Article 5
107

38
The organs and specialized agencies of the United Nations system should, within their respective fields of
competence, contribute to the recognition and realization of the rights and the principles set forth in the
present Declaration and, to this end, should, inter alia :
(a) Foster international and regional cooperation with a view to defining regional strategies for combating
violence, exchanging experiences and financing programme relating to the elimination of violence against
women;
(b) Promote meetings and seminars with the aim of creating and raising awareness among all persons of
the issue of the elimination of violence against women;
(c) Foster coordination and exchange within the United Nations system between human rights treaty
bodies to address the issue of violence against women effectively;
(d) Include in analyses prepared by organizations and bodies of the United Nations system of social trends
and problems, such as the periodic reports on the world social situation, examination of trends in violence
against women;
(e) Encourage coordination between organizations and bodies of the United Nations system to incorporate
the issue of violence against women into ongoing programme, especially with reference to groups of
women particularly vulnerable to violence;
(f) Promote the formulation of guidelines or manuals relating to violence against women, taking into
account the measures referred to in the present Declaration;
(g) Consider the issue of the elimination of violence against women, as appropriate, in fulfilling their
mandates with respect to the implementation of human rights instruments;
(h) Cooperate with non-governmental organizations in addressing the issue of violence against women.108
Article 6
Nothing in the present Declaration shall affect any provision that is more conducive to the elimination of
violence against women that may be contained in the legislation of a State or in any international
convention, treaty or other instrument in force in a State.109
3.8 Commission on the status of women.
The Commission on the Status of Women is a functional commission of the Economic and Social
Council (ECOSOC) established by the Council in 1946. The functions of the Commission are as follows:
1. To prepare recommendations and report to the ECOSOC on promotion of women's rights in political,
108
109
39
economic, civil, social and educational fields.
2. To make recommendations to the Council on urgent problems requiring immediate attention in the field
of women's rights, with the object of implementing the principle that men and women shall have equal
rights; and to develop proposals to give effect to such recommendations. Originally, the Commission on
the Status of Women was composed of 15 members. Subsequently, the membership increased to 21 and
then to 32 and finally to 45. Thus, at present, the Commission is composed of 45 representatives of the
UN members elected by the ECOSOC for a three-year term. It meets biennially for its session of three
weeks. As in the case of the Commission on Human Rights, the Commission on the Status of Women
adopts its own resolutions and recommends draft resolutions and declarations for adoption by the
ECOSOC. The Commission submits a report on each session to the Council.110
3.8.1. Conference on women and 23rd special session of the general assembly, entitled, "women
2000: gender equality, development and peace for the 21st century.
There was follow-up to the Fourth World Conference on Women for implementation of strategic
objectives. Action taken in critical areas of concern was discussed. In this follow-up, further areas, actions
and initiatives to be taken were discussed as:
1. Access and participation of women and girls in education, training, science and technology, including
the promotion of women's equal access to full employment and decent work.
2. Science and technology.
3. Education and training.
4. Elimination of all forms of discrimination and violence against the girl child.
5. Gender equality and sustainable development.
6. Elimination of preventable maternal mortality and morbidity, and the empowerment of women.111
110
S.K KAPOOR,HUMAN RIGHTS UNDER INTERNATIONAL LAW AND INDIAN LAW (central law agency, 1999)
Quoted in ? MAMTA RAO, LAW RELATING TO WOMEN AND CHILDREN, -53 (Eastern book company, 3RD Edn. 2012).
111
UN General assembly Res.NO.60/140, UN Doc.No. A/RES/60/140 (7-2-2006), Quoted in MAMTA RAO, LAW
RELATING TO WOMEN AND CHILDREN, 5354 (Eastern book company, 3RD Edn. 2012).
40
3.8.2 Action taken by the commission on the status of women
It was agreed to
1. Promote access and participation of women and girls in education, training, science and technology,
including women's to full employment and decent work; and
2. Mainstream gender equality, and promote empowerment of women in climate change policies and
strategies. The Commission on the Status of Women reaffirmed the commitments.112
3.8.3 Vienna Conference.

The Commission on the Status of Women has done valuable work for promoting the rights of
women in political, economic, civil, social and educational fields. It has also ensured achievement of the
goal of women of having rights equal to those of men. The First World Conference on Women was held
in Mexico City in 1975, which highlighted the themes of "equality, development and peace". The Second
World Conference on Women, convened in Copenhagen in 1980, added three sub-themes: "education,
employment and health". In Nairobi, the Third World Conference was held to review and appraise the
achievements of the UN Decade for Women: Equality, Development and Peace (1976-1985). The goal
was set here for the adoption of "Forward-looking Strategies for the Advancement of Women to the Year
2000". In its 33rd Session, which was held at Vienna, the Commission stressed that a drastic effort must
be made to revive a flagging campaign for women's advancement, because there was sufficient evidence
to indicate that advances towards women's economic and political rights were slow or had actually
stopped. Unless something was done, said the Commission, the achievement of the goal century was at
risk. The 32-member Commission also adopted 23 texts on a wide variety of subjects-such as AIDS,
aging, refugee and displaced women, poverty and apartheid-and sent the drafts for final approval to the
ECOSOC. In its 37th Session held at Vienna, the Commission on the Status of Women unanimously
approved a draft declaration on the elimination of violence against women. This declaration, which was
sub mitted to the 48th Session of the General Assembly for adoption, stated that violence against women
is an obstacle to the achievement of equality, development and peace-the three main goals of the UN to
advance the status of women. It may be noted here that earlier a UN Experts Group had proposed a draft
declaration on violence against women to be considered by the Committee on the Status of Women in
1992. Thus, it was for the first time that the issue of physical, sexual and psychological violence against
women was addressed explicitly. It was proposed that, if necessary, an Optional Protocol to the 1979
112
41
CEDAW be adopted. It was adopted in 1999.113
3.8.4 Beijing Conference.

The United Nations has organized four world conferences on women. These took place in Mexico
City in 1975, Copenhagen in 1980, Nairobi in 1985 and Beijing in 1995. The last was followed by a series
of five-year reviews.The1995 Fourth World Conference on Women in Beijing marked a significant
turning point for the global agenda for gender equality. The Beijing Declaration and the Platform for
Action, adopted unanimously by 189 countries, is an agenda for women’s empowerment and considered
the key global policy document on gender equality. It sets strategic objectives and actions for the
advancement of women and the achievement of gender equality in 12 critical areas of concern: Women
and poverty, Education and training of women, Women and health, Violence against women, Women and
armed conflict, Women and the economy, Women in power and decision-making, Institutional
mechanism for the advancement of women, Human rights of women, Women and the media, Women and
the environment, The girl-child.
The Beijing conference built on political agreements reached at the three previous global
conferences on women, and consolidated five decades of legal advances aimed at securing the equality of
women with men in law and in practice. More than 17,000 participants attended, including 6,000
government delegates at the negotiations, along with more than 4,000 accredited NGO representatives, a
host of international civil servants and around 4,000 media representatives. A parallel NGO Forum held in
Huairou near Beijing also drew some 30,000 participants.114
It is indeed very surprising to see that woman, who was exploited the world over, was chosen
to be the earliest entity to voice the classic example of inalienable rights of human beings. On the issue of
human rights, democracy, and good governance, international initiatives were made to somewhat suppress
all forms of violence against. The Vienna accord of 1994 and Beijing declaration and the Platform for
Action, 1995 have acknowledged that domestic violence is undoubtedly a human right issue and serious
deterrent to development. The United Nations against Women (CEDAW) in its General recommendation
No.XII (1989) has recommended that parties should act to protect women against violence of any kind
113
114
UN women, World Conferences on Women, UN WOMEN.ORG(Aug/08/2021 6:30 PM)
https://www.unwomen.org/en/how-we-work/intergovernmental-support/world-conferences-on-women
42
especially that occurring within the family.115
The law to protect women against domestic violence under civil domain was enacted on the basis of the
recommendations made by CEDAW. Hence, by taking cue from CEDAW and keeping the prevalent
domestic violence in mind, The protection of women from domestic violence Act, 2005 was enacted as
“an Act to provide for more effective protection of the rights of women guaranteed under the constitution
who are victims of violence of any kind occurring within the family and for matters connected therewith
or incidental thereto”.116
CHAPTER: 4
PROTECTION OF THE RIGHTS OF WOMEN

UNDER INDIAN LEGAL REGIME
4.1 Introduction.
Constitution is a sovereign document of our country which has a legal sacredness, setting a
structural framework and functions of government organs and declares the principles governing the
operation of these organs. Object of our constitution is to create legal norms social and economic values,
to achieve the desired community goals which bring a harmony between individual fundamental rights
and societal interest.
115
DR. S. C. TRIPATHI & VIBHA ARORA, LAW RELATING TO WOMEN AND CHILDREN. 43-44 (Central law
publication, 6th Edn 2015).
116
Vandhana v I. Srikanth and Krishnamachari, 2008 (2)Cur CC 126 (Mad).
43
Women always enjoy a unique position in a society all over the world. Even after her sacrifice and
contribution in each and every aspect of life she still suffered to be in disadvantaged because of several
barriers. While drafting the constitution, the framers of our Indian constitution were very sensitive
towards the problems faced by women and made necessary provisions for protection and upliftment of
women.
The Indian courts have also taken an immensely expansive definition of fundamental right to life under
Article 21 of the Constitution as an umbrella provision and have included within it right to everything
which would make life meaningful and which prevent it from making it a mere existence, including the
right to food, clean air, water, roads, health, and importantly the right to shelter/ housing. The State has
enacted various legislative measures intended to ensure equal rights, to counter social discrimination and
various forms of violence, atrocities against women to provide support services especially to working
women.
4.2 Constitutional provisions and protection of women.
The Preamble contains the essence of the Constitution and reflects the ideals and aspirations of the
people. The very start of Preamble itself starts by saying that we, the people of India, give to ourselves the
Constitution. The source of the Constitution is thus traced to the people, i.e. men and women of India,
irrespective of caste, community, religion or sex. The framers of the Constitution were not satisfied with
mere territorial unity and integrity. If the unity is to be lasting, it should be based on social, economic and
political justice. Such justice should be equal for all. The Preamble contains the goal of equality of status
and opportunity to all citizens. This particular goal has been incorporated to give equal rights to women
and men in terms of status as well as opportunity. The aspect of social justice is further emphasized and
dealt with in the directive principles of state policy.117
For providing social justice to women, the most important step has been codification of some of the
personal laws in our country which pose the biggest challenge in this context. In the area of criminal
justice, the gender neutrality of law worked to the disadvantage of a woman accused because, in some of
the cases, it imposed a heavy burden on the prosecutrix; for example, in cases of rape and dowry. Certain
areas like domestic violence and sexual harassment of women at the workplace were untouched,
unthought-of. Despite many laws, their non-implementation, gender insensitivity and lack of legal literacy
prevent the dream of the constitution makers from becoming a reality.118
117
S. ALLADI KUPPUSWAMI, THE CONSTITUTION: WHAT IT MEANS TO THE PEOPLE (Gogia & Company,
Hyderabad 2000) Quoted in MAMTA RAO, LAW RELATING TO WOMEN AND CHILDREN, 64 (Eastern book company ,
3RD Edn. 2012).
118
MAMTA RAO, LAW RELATING TO WOMEN AND CHILDREN, 65(Eastern book company, 3RD Edn. 2012).
44
4.2.1 Fundamental rights
The fundamental rights are said to be heart of our constitution and these human rights are
entitlement of every man; woman and child because they are human beings, have been made enforceable
as constitutional or fundamental rights in India. The framers of the Constitution were conscious of the
unequal treatment and discrimination meted out to the fairer sex from time immemorial and, therefore,
included certain general as well as specific provisions for the upliftment of the status of women.
Bhagwati J in Maneka Gandhi v. Union of India119 said: These fundamental rights represent the basic
values cherished by the people of this country since the Vedic times and they are calculated to protect the
dignity of the individual and create conditions in which every human being can develop his personality to
the fullest extent.
Thus part III of our constitution which deals with fundamental rights is from Article 12 to 35.
Article 14 of the Constitution provides equality before law. The State shall not deny to any person
equality before the law or the equal protection of the laws within the territory of India. Article 14
embodies the general principle of equality before law and prohibits unreasonable discrimination between
persons. Article 14 is an epitome of the noble ideals expressed in the Preamble of the Constitution. 120
Article 15 specifically prohibits discrimination on the ground of sex, race, caste, sex place of birth. It
signifies that the state shall not discriminate any of its citizens with respect to sex, race, caste, sex place of
birth. Citizens shall not be discriminated with regards to access to the shops, public places, places of
public entertainment or use of wells, tanks, bathing Ghats, and places of public resort which is maintained
wholly or partly out of State funds or dedicated to the use of general public121.
Article 15(3) permits a positive discrimination by giving special powers to the state to make laws with
respect to women and children. This protective discrimination becomes necessary to eradicate the social
condition and to provide political and social justice. 122 The States in the field of criminal law, service law,
labour law, etc. has resorted to Article 15(3) and the courts, too, have upheld the validity of these
protective discriminatory provisions on the basis of constitutional mandate.
Article 16 of the Constitution provides equal opportunities for women implicitly as they are applicable to
all persons irrespective of sex. However, the courts realize that these Articles reflect only de jure equality
to women. They have not been able to accelerate de facto equality to the extent the Constitution intended.
119
Maneka Gandhi v. Union of India (1978) I SCC 248: AIR 1978 SC 597.
120
Indian constitution. art. 14.
121
Indian constitution. art. 15 cl. 3.
122
Indian constitution. art. 15 cl. 3.
45
In Dimple Singla v. Union of India, 123 the Delhi High Court expressed its apprehension that unless
attitudes change, elimination of discrimination against women cannot be achieved. There is still a
considerable gap between constitutional rights and their application in the day-to-day lives of most
women. At the same time, it is true that women are working in jobs which were, hitherto, exclusively
masculine domains. But, there are still instances which exhibit lack of confidence in their capability and
efficiency. There remains a long and lingering suspicion regarding their capacities to meet the challenges
of the job assigned. Such doubts affect the dignity of working women.
The right to marriage of choice: One of the issues challenging the society today is that of inter-caste
marriages. Whereas, according to law, there is a freedom to marry a person of one's choice, local religious
bodies or Panchayat express their opinion to the contrary, Upholding the right to marry as being an
integral part of Article 19, the Supreme Court in Ashok Kumar Todi v. Kishwar Jahan124 held that the right
to marry a person of one's choice, if he is a major, outside one's caste is guaranteed under Article 19 of the
Constitution. Therefore, it is the duty of all persons in the administration or police authorities to ensure
that their marital life is not disturbed or they are not harassed. The police officials have no role in their
conjugal life, and the law enforcing authorities have no right to interfere in their conjugal life. Several
instances are coming to the knowledge of the court of harassment, threats and violence against young men
and women who marry outside their caste. The court cannot remain silent in matters of great public
concern. The administration and police authorities were instructed to see that the couples who marry
inter-caste are not harassed, nor can any violent act be committed against them. If found so, criminal
proceedings can be initiated and stern action is taken against such persons, as provided by law.125
The right to live with dignity: Gender equality becomes elusive in the absence of the right to live with
dignity. In Neera Mathur v. LIC, 126 the court recognised that privacy was an important aspect of personal
liberty. In this case, the Supreme Court was shocked to learn that an LIC questionnaire sought
information about the dates of menstrual periods and past pregnancies, and the petitioner was terminated
for not providing correct information to the LIC. The Supreme Court held that the questionnaire
amounted to invasion of privacy and that, therefore, such probes could not be made. The right to personal
liberty guaranteed under Article 21 included the right to privacy. Information about health could be
sought where such information was relevant-it was relevant for selling insurance cover, but not for the
123
Dimple Singla v. Union of India (2001) 2 SLJ 161.
124
Ashok Kumar Todi v. Kishwar Jahan AIR 2011 SC 1161.
125
126
Neera Mathur v. LIC (1992) 1 SCC 286: 1991 SCC (L&S) 259.
46
person seeking employment.
The right to protection of life and personal liberty under Article 21 of the Indian Constitution
includes the woman's right to make reproductive choice. It is important to recognise that reproductive
choices can be exercised to procreate and to abstain from procreating. In Suchita Srivastava v.
Chandigarh Administration,127 it was held that the crucial consideration before the court is that a woman's
right to privacy, dignity and bodily integrity should be respected. This means that there should be no
restriction whatsoever on the exercise of reproductive choices, such as a woman's right to refuse
participation in sexual activity or, alternatively, the insistence on the use of contraceptive methods. Taken
to their logical conclusion, reproductive rights include a woman's entitlement to carry a pregnancy to its
full term, to give birth and to subsequently raise her child. However, there is also a compelling State
interest in protecting the life of the prospective child, therefore termination of pregnancy is only permitted
when conditions specified in the Medical Termination of Pregnancy Act 1971, are fulfilled. The Act can
also be viewed as reason able restriction on the exercise of reproductive choices.
The right against exploitation: Article 23 of the Constitution specifically prohibits traffic in human
beings. Trafficking in human beings has been prevalent in India for a long time in the form of prostitution
and selling and purchasing of human beings. This includes the devadasi system prevalent in Andhra
Pradesh. To give meaning to Article 23, various laws have been passed to pre vent exploitation of human
beings in varied forms. The Immoral Traffic (Prevention) Act, 1956 and the Karnataka Devadasi
(Prohibition of Dedication) Act, 1984 are legislations which prohibit the practice of prostitution and
dedication of devadasi respectively.
4.2.2 Directive principles of state policy

In order to achieve the harmony between individual rights and societal interest along with
fundamental rights there is another whole part of constitution i.e. Part IV of the constitution where
Fundamental rights cater to individual rights, while the directive principles of state policy cater to social
needs. Though these principles are not enforceable in any court of law, they are fundamental in the
governance of the country and provide for the welfare of the people. The provisions under DPSP direct
state to enact and implement laws for welfare of people. Few provisions direct state to secure equality and
protection of women.
Article 39(a) directs the State to direct its policy towards securing that citizens, men and women, equally
127
Suchita Srivastava v. Chandigarh Administration AIR 2010 SC 235.
47
have the right to an adequate means of livelihood.128
Article 39(d) directs the State to secure equal pay for equal work for both men and women. The State in
furtherance of this directive passed the Equal Remuneration Act, 1976 to give effect to the provision.129
Article 39(e) specifically directs the State not to abuse the health and strength of workers, men and
women.130
Article 42 of the Constitution incorporates a very important provision for the benefit of women. It directs
the State to make provisions for securing just and humane conditions of work and for maternity relief.131
The State has implemented this directive by incorporating health pro visions in the Factories Act, 1948,
Maternity Benefit Act, 1961 and the Beedi and Cigar Workers (Conditions of Employment) Act, 1966,
etc.
Article 44 directs the State to secure for its citizens a uniform civil code applicable throughout the
territory of India.132
Goal of Article 44 is to achieve common civil code throughout the country in order to bring gender justice
in society. Even though the state has not made any efforts with this respect judiciary in its various
judgements has been recognized the necessity for enactment of uniform laws with respect to marriage,
maintenance, inheritance, adoption, succession, divorce, etc. still the topic is going through various
debates and controversies.
After initial hesitation, the judiciary has taken note of the injustice done to women in personal matters.
The court has been voicing its concern through a few judgments, indicating the urgency to have
uniformity in personal laws.
Despite the directions for recognizing uniform civil code, the Supreme Court in Maharshi Avadhesh v.
Union of India133 dismissed a petition seeking a writ of mandamus against the Government of India to
introduce a common civil code. The court took the view that this was a matter which fell within the
domain of the legislature and that "the court cannot legislate in these matters".
Thus just because the issue is controversial and sensitive it can’t be left untouched .an attempt should be
made to create a system with implementation of good things and removal of all harsh and discriminatory
provisions.
4.2.3 Fundamental duties
128
Indian constitution art.39 cl. a.
129
Indian constitution art.39 cl. d.
130
Indian constitution art.39 cl. e.
131
Indian constitution art.42.
132
Indian constitution art.44.
133
Avadhesh v. Union of India 1994 Supp (1) SCC 713.
48
Part IV-A, which consists of only one Article 51-A, was added to the Constitution by the
Constitution (42nd Amendment) Act, 1976. This Article for the first time specifies a code of 10
fundamental duties for citizens.
Article 51-A (e) is related to women. It states that it shall be the duty of every citizen of India (e) to
promote harmony and the spirit of common brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of
women.134
4.1 Protection from Domestic Violence under criminal law.
Domestic violence is considered a crime against the community and the “state” should prosecute all
harms against the community. A unique area, numbered 498-A, that authoritatively made Domestic
Violence a Criminal Offense was added to the Indian Penal Code in 1983. This Section of the law
particularly covers Cruelty towards wedded ladies by their spouses or their husbands’ families. This is
greatly helpful in situations where the Woman is excessively anxious, making it impossible to talk up for
herself, for reasons, for example, she could get captured by her significant other or basically can’t leave
the house.135
The definition of 498-A of IPC has two faces:
"Cruelty" as defined in Section 498A, Indian Penal Code (IPC), has two facets independent of each other.
First is willful conduct which may drive a woman to commit suicide or to cause grave injury or danger to
life, limb or health (whether mental or physical) of the woman. The other facet deals with the harassment
with a view to meet any unlawful demand for any property or valuable security or are on account of
failure by her or any person related to her to meet such demand. It is not necessary so as to constitute
cruelty within the meaning that harassment must accompany unlawful demand for any property or
valuable security. Explanation (a) is clear enough to take into its ambit, the case of willful conduct which
may drive a woman to commit suicide.136
Ingredients of section 498-A of the penal code
Ingredients of section 498-A of the penal code are:
(a) The woman must be married;
(b) She must be subjected to cruelty or harassment and
134
Indian constitution art.51-A cl. e.
135
136
Kanhai v. State , 2000(4)MPHT 277.
49
(c) Such cruelty or harassment must have been shown either by husband of the woman or by the relative
of her husband. The word "cruelty" has also been defined in the Explanation appended thereto. It is in two
parts. Clause (a) of the said Explanation refers to a conduct which is likely to drive the woman to commit
suicide or to cause grave injury or danger to her life, limb or health (whether mental or physical); Clause
(b) provides for harassment of the woman, where such harassment, is with a view to coercing her or any
person related to her to meet any unlawful demand for any property or valuable security. It is not the case
of the first informant that the appellant had any role to play with regard to demand of dowry.137
Under the Law, acts of cruelty include, but are not limited to, physical abuse; psychological torture
by threatening her or her loved ones (such as children); not giving the woman food; locking her in or out
of the house as punishment; and Sexual abuse against the woman’s will. The Convicted punishers will be
charged with imprisonment up to 3 years or fine or both.
Other provisions under IPC
There are different controls or arrangements being made for protection of women against domestic
violence under the statute
 Unnatural death of married women where there is a motive for want of dowry is existing and such death is
taking place within 7 years from the date of marriage is a dowry death under Section 304-B and Section
306 of IPC. Different areas of IPC managing these issues are segmenting 305-306 identified with
abetment of suicide
 Under segment 313-316 of IPC female child murder has been made culpable which implies mightily
ending the pregnancy of a lady.
 340,349 of IPC individually wrongful restriction and wrongful limitation.
The 2013 Criminal Law Amendment

As a reaction to the solicitations made by the Justice Verma Committee, a little Commission named
after and headed by one of India’s most respected law specialists, a long rundown of alterations to the
Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act were presented in this 2013
demonstration.
The point of the Amendment was to give harsher and swifter discipline to those hoodlums who
submitted mishandle against ladies. Insights with respect to rape and assault were elucidated and included
onto. For example, “assault” was given a superior and more thorough legitimate definition, to incorporate
137
U. Suvetha v. State, (2009) 6 SCC 757.
50
non-consensual infiltration utilizing non-sexual items, and also non-penetrative sexual acts. Punishments
for offenses, for example, assault, attack, and inappropriate behavior were expanded. Specifically, heavier
sentences were announced for attackers, notwithstanding including capital punishment for especially
irritating cases, for example, group assault where the casualty was left in a vegetative state after the
wrongdoing. New offenses that are punishable by law were introduced by the amendment as well. These
include, but are not limited acid attacks, stalking, and voyeurism, publicly and forcefully disrobing a
woman.138
4.4 Dowry Prohibition Act, 1961
Realizing the gravity of the situation, the Govt, of India passed the Dowry Prohibition Act, 1961.
This Act prohibits the system of ‘Dowry’ i.e. a property or valuable security given or agreed to be given
either directly or indirectly, by the parents of either party to a marriage or by any other person to either
party to the marriage or to any other person at or before (or any time after the marriage) (in connection
with the marriage of the said parties but does not include) Dowry Or Mehr in the case of persons to whom
the Muslim personal Law (Shariat) applies.139
The act contains only 10 sections and certain provisions of IPC, 1860 such as sections 304-B, 306,
300, 302, 405, 406, 498-A, and sec 113-A 113-B of evidence act, 1872 have been applicable to dowry
prohibition Act, 1961 so it is therefore clear that the dowry prohibition Act, 1960 is not a complete code.
However, it is to be noted that in the present time the dowry system has taken the ugliest form, now it has
become the only consideration for settlement of marriage, thus to defeat the very concept of marriage
institution in the so called civilized society. Now, the dowry system has become a menace of today's
society. Initially, the dowry system was prevailing only in the middle, upper middle and upper class of the
Hindu community but now it has effectively extended its tentacles over the society widely. In my opinion
the people are required to be taught and explained the fundamental objects and purpose of marriage and
its importance in the family as well as in the society, it is certainly not to be taken as enterprise
exclusively in the form of money/material consideration. Because, in accordance with the Indian
mythology and philosophy, the term marriage is a sanctioned union of two souls of the opposite sexes for
procreation of child, and betterment and welfare of the family and also to check promiscuous life by
fulfilling sexual urges.140
4.5 The National Commission for Woman Act, 1990.
138
139
Mr. Dillip Kumar Behera , Protection of Women from Violence under Constitutional Provisions ,4 IJISSH 18,19-20 (2019)
140
Dr S.C. TRIPATHI , WOMEN AND CRIMINAL LAW,190 central law publications 2nd ed, 2014.
51
It is well known that women is never treated well neither in home nor at work place .the matter was
discussed inside and outside parliament, various organization and societies and even many commissions
where appointed to look into the matter. Various commission reports noted about the unequal status of
women in Indian society ant need for setting up an agency with surveillance functions as well as to
facilitate redress of the grievances of women. Several women organizations and activist had also made
persistent demands for setting up of commission for women. Keeping this in view national commission
for women bill, 1990 was introduced in Loksabha on 22nd may, 1990. The same became an act known as
the National Commission for Woman Act, 1990.
4.5.1 Functions of the National Commission for Women.

According to Section 10 141 of the National Commission for Women Act, 1990, the National
Commission for Women shall perform all or any of the fallowing functions, namely
(i) Investigation and Examination-investigate and examine all matters relating to the safeguards
provided for women under the Constitution of India, 1950 and other laws;
(ii) Presentation of Reports-present reports to the Central Government, annually and at such other
times as the Commission may deem fit, reporting upon the working of those safeguards;
(iii) Recommendations-make in such reports recommendations for the effective implementation of
those safeguards for improving the conditions of women by the Union or any State;
(iv) Review-review, from time to time, the existing provisions of the Constitution of India, 1950 and
other laws affecting women and recommend amendments thereto so as to suggest remedial
legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations;
(v) Taking up of cases of Violation-take up the cases of violation of the provisions of the
Constitution of India, 1950 and of other laws relating to women with the appropriate authorities;
(vi) Suo Motu Notice-looks into complaints, and take suo-motu notice of matters relating to :
(a) Women's Rights-deprivation of women's rights;
(b) Protection of Women-non-implementation enacted to provide protection to women and also to
achieve the objective of equality and development; of laws
(c) Policy Decisions-non-compliance of policy decisions, guidelines or instructions aimed at
mitigating hardships and ensuring welfare and providing relief to women; and take up the issues
141
National Commission for Women Act, 1990, No. 20 Acts of parliament of 1990, available at:
https://www.refworld.org/docid/3ae6b4eb4.html [accessed 25 August 2021].
52
arising out of such matters with appropriate authorities;
(vii) Special Studies and Investigation-call for special studies or investigation into specific problems or
situation arising out of discrimination and atrocities against women and identify the constraints so
as to recommend strategies for their removal;
(viii) Promotional Research-undertake promotional research so as to suggest ways of ensuring due
representation of women in all spheres and identify factors responsible for impeding their
advancement;
(ix) Participation in Planning-participate and advise on the planning process of socio-economic
development of women;
(x) Evaluation-evaluate the progress of the development of women under the Union and any State;
(xi) Inspection-inspect or cause to be inspected a jail, remand home women's institution or other place
of custody where women are kept as prisoners;
(xii) Funding-fund litigation, involving issues affecting a large body of women;
(xiii) Reporting-make reports on any matter pertaining to women and in particular various difficulties
under which women toil.
4.5.2 Power of Women's Commission

According to Section 10(4)142 of the National Commission for Women Act, 1990, the National
Commission for women shall have all the powers of a civil Court trying a suit, in respect of the following
matters, namely
(a) Summoning and enforcing the attendance of any person from any part of India and examining him on
oath,
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record or copy thereof from any Court or office;
(e) Issuing commissions for the examination of witnesses and documents; and
(f) Any other matter which may be prescribed.
4.6. Pre-conception (prohibition of sex selection) Act, 1994143

142
National Commission for Women Act, 1990, No. 20 Acts of parliament of 1990, available at:
https://www.refworld.org/docid/3ae6b4eb4.html [accessed 25 August 2021].
143
Pre-Conception And Pre-Natal Diagnostic Techniques Act, 1994,OTJ247 (Aug-24-2021 11 :30 AM)
https://www.otj247.com/blog/page/123.
53
 The main reason this act was enacted by Parliament was to stop prevalent female feticides and
prenatal sex determination. The preamble of this Act at the onset prohibits determination of sex before
or after conception, it regulates prenatal diagnostic techniques for the purposes of detecting genetic
abnormalities, metabolic disorders, chromosomal abnormalities, congenital malformations, sex-linked
disorders and for the prevention of their misuse for sex determination leading to female feticides. The
Act has jurisdiction over the whole of India except the state of Jammu and Kashmir. The Act was
enacted in the year 1994 and was amended in the year 2003.
 Chapter two of the Act makes it mandatory for Genetic Counseling Centre, Genetic Laboratory or
Genetic Clinic to register and only registered centres are permitted to perform activities relating to
prenatal diagnostic techniques. The person employed at such centres should possess the desired
qualification prescribed by law. There is a blanket ban on tests conducted for sex selection on a
woman or a man, on any tissue, embryo, fluid and gametes derived from either or both of them. Sale
of ultrasound machines or any scanning equipment having the capacity to detect sex to unregistered
persons is also banned.
 Chapter three of Act allows pre-natal diagnostic techniques to be conducted only for following
abnormalities- (i) chromosomal abnormalities (ii) genetic metabolic diseases (iii)
haemoglobinopathies (iv) sex-linked genetic diseases (v) congenital anomalies (vi) Other diseases
specified by Board
 The Act makes it clear no pre-natal diagnostic techniques shall be conducted unless the qualified
person is satisfied and gives the same thing in writing. For such tests, either of the conditions has to be
fulfilled Age of the pregnant woman should be above thirty-five years; The pregnant woman has
undergone two or more abortions; The pregnant woman had been exposed to teratogenic agents such
as drugs, radiation, infection or chemicals; Family history of mental retardation or physical
deformities such as spasticity or any other genetic disease;
 Chapter 4 provides for constitution of Central Supervisory Board to advise the Central Government on
policy matters relating to use of pre-natal diagnostic techniques, sex selection techniques and their
misuse; to ensure implementation of the Act and create public awareness about said issue.
 Chapter 7 provides offences and penalties; Offences under this act include conducting of prenatal
diagnostic technique or helping others in conducting the said test in the unregistered units, sex
54
selection on a man or woman. PND test is to be only conducted for the purposes for the mentioned in
the Act, any contravention is punishable. The Act makes the sale, distribution, supply, renting etc. of
an ultrasound machine or any other equipment having the capacity to detect the sex of the foetus.
 Any person who puts an advertisement for pre-natal and pre-conception sex determination facilities in
the form of a notice, circular, label, wrapper or any document, or advertises through the interior or
other media can be imprisoned for up to three years and fined Rs. 10,000.It also prohibits
communicating the sex of the foetus to the pregnant woman or her relatives by words, signs or any
other method. Even though the Act has been in place since quite a long time but its implementation is
not effective which is evident from declining sex ratio in the country. To put a check on the declining
child sex ratio, the government has taken various initiatives like Beti Bachao, Beti Padhao Yojana,
Sukanya Samriddhi Yojana, etc.144
4.7 Protection of Women from Domestic violence Act , 2005
The act was accepted with great appreciation from every law abiding families and citizen and it
was a biggest gesture by present legal regime. This bill acknowledged that domestic violence is a human
right issue and was made to address the phenomenon in its entirety under the domain of civil nature. It is
proposed to enact a law keeping in view Art 14, 15, and 21 of the constitution of India, 1950 by providing
a civil remedy with an intention to protect the women from domestic violence. The Act has various pros
and cons which will be discussed and analyzed in further chapters.
India is a country with culture, tradition and morality where women are equated to goddess. But in
our daily life it is the same society which always have double standard policy with respect to men and
women by treating her ill irrespective of the place whether within four walls or outside. This chapter deals
with various constitutional provisions which aim at gender equality and special provisions for the
treatment and development of women in every sphere of life. These provisions are evident that the
constitution right from the preamble does not only speak about equality to women but also empowers the
state to make positive discrimination in favour of women for her protection and development.
When it is the matter of protection of rights of women in India not only constitutional provision but
also many legal rights are provided through various enactments. Under criminal law women are protected
whereby domestic violence and other related offences are penalized under IPC and also a long rundown
144
Pre-Conception And Pre-Natal Diagnostic Techniques Act, 1994,OTJ247 (Aug-24-2021 11 :30 AM)
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55
of alterations to the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act were
presented in 2013 amendment. Along with this there are also other laws beginning from The Dowry
Prohibition Act, 1961 which was enacted for prohibiting the giving and taking of dowry. Despite all these
it is harsh reality that the women is continued to be subjected to domestic violence. But still the
legislatures from time to time are making efforts to impart justice to women and recent enactment of
protection of women from domestic violence act, 2005 which was exclusively made under civil domain to
overcome the domestic violence is a landmark initiative taken by parliament to confer certain benefits and
protection to women.
Chapter: 5
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
AND JUDICIAL INTERPRETATIONS.
56
5.1 Introduction.
''Legislation cannot by itself normally solve deep-rooted social problems. One has to approach
them in other ways too, but legislation is necessary and essential so that it may give that punch and have
that educative factor as well as legal sanctions behind it which help public opinion to be given a certain
shape " - Pandit Jawaharlal Nehru145
Legislative Response to the women's fights against the oppression in the country met positive
feedback with the passage of 'The Protection of Women from Domestic Violence Act 2005' which was
finally passed before Loksabha in the monsoon session. There were serious lacunae in the previous bill of
2002 have been root out. It had been materially amended to meet the demands expressed by the legal
experts, woman organizations, concerned ministries' and departments along with the National and State
Commissions on Women upon the basis of the representations received by the Department of Women and
Child Development in the previous bill.146
As observed in earlier chapters The United Nations Committee on CEDAW in its General
Recommendation No. XII (1989) recommended the obligation for State parties 147. The Act derives its
mandate from The Vienna Accord of 1994148and many other UN conference and recommendation which
mandated states to enact law with respect to violence within four walls. The Protection of Women from
Domestic Violence Act, 2005 (hereinafter quoted has the Act 2005) came into force from 26 October
2006 acknowledges domestic violence as a problem in itself which is significant, because it destabilizes
the age old excuse of "privacy" and exposes it as a human rights issue 149. The act is a promising
legislature with civil remedies and criminal procedure to ensure effective protection with immediate relief
to the victims.
145
First Prime Minister of India, quoted in Narwadkar & Pooja Prashant, A critique of the protection of women from domestic
violence act 2005, chapter 6 , SHODHGANGA@INFLIBNET( Aug/13/2021 9:30 PM) http://hdl.handle.net/10603/149089.
146
Narwadkar & Pooja Prashant, A critique of the protection of women from domestic violence act 2005, chapter 6,
SHODHGANGA@INFLIBNET( Aug/13/2021 9:30 PM) http://hdl.handle.net/10603/149089.
147
The United Nations Committee on Convention on all Forms of Discrimination Against Women in its General
Recommendation No, xii(1989) has recommended that State Parties should act to protect women against violence of any kind
especially that occurring within family. quoted in Narwadkar & Pooja Prashant, A critique of the protection of women from
domestic violence act 2005, chapter 6 , SHODHGANGA@INFLIBNET( Aug/13/2021 9:30 PM)
http://hdl.handle.net/10603/149089.
148
The Vienna Accord of 1994 acknowledged domestic violence occurring within the family a serious human right issue and
deterrent to the development of society. quoted in Narwadkar & Pooja Prashant, A critique of the protection of women from
domestic violence act 2005, chapter 6 , SHODHGANGA@INFLIBNET( Aug/13/2021 9:30 PM)
http://hdl.handle.net/10603/149089.
149
Narwadkar & Pooja Prashant, A critique of the protection of women from domestic violence act 2005, chapter 6,
SHODHGANGA@INFLIBNET( Aug/13/2021 9:30 PM) http://hdl.handle.net/10603/149089.
57
5.2 The Constitutional validity of the Domestic Violence Act, 2005.
The enactment in question was adopted by the Parliament based on Article 253 of the Constitution.
This law confers on Parliament the right to pass legislation in compliance with international treaties,
conventions, etc. The Domestic Violence Act was introduced in recognition of the recommendations of
the UN (CEDAW) Commission. The Act covers all the provisions of the Specific Recommendations set
out in General Recommendation 19, 1992. The Statement of Objects and Reasons states that the Act was
enacted in the light of the human rights secured under Articles 14, 15, and 21. Article 21 confers the right
to life and liberty on a negative basis, stating that it cannot be taken away except by a process formed by
law which, as a result of judicial decisions, is expected to be fair, just, and rational.150
The constitutionality of the Act was challenged on the ground that the Act has made preferential
treatment in favor of the women by not providing any provision enabling the husband to lodge any
complaint or file any case in respect of any incident of domestic violence. It is female-centric. It only
protects the women and not the men. It thus violates right to equality under Article 14 of the Constitution
of India. But, negating the plea of unconstitutionality the High Court of Madras151 has held as follows:
"It was pointed out that giving certain preferential treatment to the wife and. treating them as a
special category cannot be termed as violative of either Article 14 or Article 16 of the Constitution of
India. Though Article 15 of the Constitution of India prohibits discrimination on grounds of religion,
race, caste, sex or place of birth, however, Article 15 (3) states "nothing in this Article shall prevent the
State from making any special provision for women and children". Thus, the Constitution itself provides
special provision for women and children. It has been widely resorted to and the Courts have upheld the
validity of the special measures in legislation and executive orders favoring women. Thus, when the
Constitution itself provides for making special provision for women and children, that there could be no
special treatment for women is totally untenable. In tune with Article 15(3) of the Constitution of India,
the State has thought it fit to frame a special Legislation for women and thus, the Protection of Women
from Domestic Violence Act, 2005 came into force."
The High Court of Delhi considered the question of constitutionality of the Act. The Court upheld
the constitutionality and observed as under;
150
Ayush varma , The constitutional perspective of the Domestic Violence Act, 2005, BLOGPLEADERS, (Aug-25-2021)
https://blog.ipleaders.in/constitutional-perspective-domestic-violence-act-2005/
151
Dennision paulraj v. union of India , AIR 2009 (NOC) 2540 (Mad)
58
"Domestic violence is a worldwide phenomenon and has been discussed in International fora, including
the Vienna Accord of 1994 and the Beijing declaration and the Platform for Action (1995). The United
Nations Committee Convention on Elimination of All Forms of Discrimination against Women (CEDAW)
has recommended that States should act to protect women against violence of any kind, especially that
occurring within the family. There is a perception, not unfounded or unjustified, that the lot and fate of
women in India is an abjectly dismal one, which requires bringing into place, on an urgent basis,
protective and ameliorative measures against exploitation of women. The argument that the Act is ultra
virus the Constitution of India because it accords protection only to women and not to men is therefore,
wholly devoid of any merit. We do not rule out the possibility of a man becoming the victim of domestic
violence, but such cases would be few and far between, thus not requiring or justifying the protection of
parliament.152
5.3 Scope and extent of the Act 2005.
The essence of the Act is to provide a quick, easy and affordable civil remedy in the form of a
protection order for incidences of stalking and other violence activities. There are few Statement of
Objects and Reasons for enactment of the act they are as follows:
1. Domestic violence is undoubtedly a human rights issue and serious deterrent to development. The Vienna
Accord of 1994 and the Beijing Declaration and the Platform for Action (1995) have acknowledged this.
The United Nations Committee on Convention on Elimination of All Forms of Discrimination against
Women (CEDAW) in its General Recommendation No. XII (1989) has recommended that State parties
should act to protect women against violence of any kind especially that occurring within the family.153
2. The phenomenon of domestic violence is widely prevalent but has remained largely invisible in the
public domain. Presently, where a woman is subjected to cruelty by her husband or his relatives, it is an
offence under Section 498-A of the Indian Penal Code. The civil law does not, however, address this
phenomenon in its entirety.154
152
Aruna pramod shah v. Union of India , 2008(2) JCC 1177.
153
CHOUDHARI’S, COMMENTARY ON PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 &
RULES , 7 premier publishing company ,1st ed , 2009.
154
59
3. It is, therefore, proposed to enact a law keeping in view the rights guaranteed under Articles 14, 15 and 21
of the Constitution to provide for a remedy under the civil law which is intended to protect the woman
from being victims of domestic violence and to prevent the occurrence of domestic violence in the
society.155
4. The Bill, inter alia, seeks to provide for the following –
I. It covers those women who are or have been in a relationship with the abuser where both parties have
lived together in a shared household and are related by consanguinity, marriage or through a relationship
in the nature of marriage or adoption. In addition, relationships with family members living together as a
joint family are also included. Even those women who are sisters, widows, mothers, single women, or
living with the abuser are entitled to legal protection under the proposed legislation. However, whereas
the Bill enables the wife or the female living in a relationship in the nature of marriage to file a complaint
under the proposed enactment against any relative of the husband or the male partner, it does not enable
any female relative of the husband or the male partner to file a complaint against the wife or the female
partner.
II. It defines the expression "domestic violence" to include actual abuse or threat or abuse that is physical,
sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or
her relatives would also be covered under this definition.
III. It provides for the rights of women to secure housing. It also provides for the right of a woman to reside
in her matrimonial home or shared household, whether or not she has any title or rights in such home or
household. This right is secured by a residence order, which is passed by the Magistrate.
IV. It empowers the Magistrate to pass protection orders in favor of the aggrieved person to prevent the
respondent from aiding or committing an act of domestic violence or any other specified act, entering a
workplace or any other place frequented by the aggrieved person, attempting to communicate with her,
isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or
others who provide her assistance from the domestic violence.
155

60
V. It provides for appointment of Protection Officers and registration of non-governmental organizations as
service providers for providing assistance to the aggrieved person with respect to her medical
examination, obtaining legal aid, safe shelter, etc.156
 Object of the Act: The Act seeks to cover those women who are or have been in relationship with abuser.
Hence, even those women, who are sisters, widows, mothers, wife and who are living with abuser are
entitled to get legal protection.157 It however does not provide any right to the male members of the
family.158 The DV Act provides for a higher right in favour of a wife. She not only acquires a right to be
maintained but also there under acquires a right of residence. The right of residence is a higher right. The
said right as per the legislation extends to joint properties in which the husband has a share. 159 In short, the
object of the Act is to provide for an effective protection of the rights of women guaranteed under the
Constitution, who are victims of violence of any kind occurring within the family.160
 The Remedies are available against 'Women' also: The coming into effect of the Act has given rise to a
controversy as to whether the remedies available under the Act are available against the women. The
controversy was, however, set at rest by the Supreme Court. It was held that it is true that the expression
"female" has not been used in the proviso to Section 2(q) also, but, on the other hand, if the Legislature
intended to exclude females from the ambit of the complaint, which can be filed by an aggrieved wife,
females would have been specifically excluded, instead of it being provided in the proviso that a
complaint could also be filed against a relative of the husband or the male partner. No restrictive meaning
has been given to the expression "relative" nor has the said expression been specifically defined in the DV
Act, 2005, to make it specific to males only.161
 The Act provides higher rights to women: the domestic violence act provides for a higher right in favor
of a wife. She not only acquires a right of residence. The right to residence is a higher right. The said right
as per the legislation extends to joint properties in which the husband has a share.162
 Domestic violence act provides unique remedy: Legislature has, by enacting DV Act, endeavored to
provide unconventional and unique remedy to Indian Women for safeguarding their morale, dignity and
156
Manju A Nair v. State of Kerala, I (2013) DMC 4 (DB).
157
Manish Tandon v. State, 1 (2010) DMC 242 (Del).
158
Vidhyanidhi Dalmia v. Nilanjan Dalmia, 1 (2008) DMC 848.
159
Vimalben Ajitbhai Patel v. Vatslaben Ashokbhai Patel , (2008) 4 SCC 649.
160
Shruti Singh, Advocate v. Press Council of India, 2008 (71) AIC 758 (Pat); Rajaram Panwari v. Asha Panwari, 2010 (88)
AIC 547 (MP).
161
Sandhya Manoj Wankhade v. Manoj Bhimrao Wankhade, (2011) 3 SCC 650.
162
Vimalben Ajitbhai Patel v. Vatslaben Ashokbhai Patel , (2008) 4 SCC 649 at 654.
61
decency against various form of violence enumerated in S. 3 of Act, which prior to its advent were not
available in law.163
Thus present law of the Act is definitely a step ahead in providing protection to woman than the existing
laws like Hindu Adoption and Maintenance Act, 1956, which in Chapter III and in terms of Sections 18 to
28 do provide for some protection to woman against vagaries of life.164 The phenomenon of domestic
violence is widely prevalent but largely invisible in the public domain. Presently where a woman is
subjected to cruelty by her husband or relatives, it is offence under section 498-A of the IPC. The civil
law does not however address this phenomenon in its entirety. It is, therefore, proposed to enact a law
keeping in view the rights guaranteed under the civil law which is intended to protect the woman from
being victims of domestic violence and to prevent the occurrence of domestic violence in the society.165
5.4 Definition of Domestic Violence under the Act, 2005.
The enactment aims at redressing and providing respite to an aggrieved person who is defined under
Section 2(a)166 to mean a woman, who is or has been in a domestic relationship with the respondent and
alleges to have been subjected to any act of domestic violence by the respondent. The definition of
"Domestic relationship" in Section 2(f)167 assumes significance. The domestic relationship is defined to be
a relationship between two persons who live or have, at any point of time, lived together in a shared
household when they are related by consanguinity, marriage or through a relationship in the nature of
marriage, adoption or are family members living together as the joint family. Further, the act also defines
"shared household" in Section 2(s)168 to mean a household where a person aggrieved lives, or at any stage
has lived in a domestic relationship either singly or along with the respondent and includes a household
jointly shred by the aggrieved party in such capacity.. It is also pertinent to note that the term 'abuse' for
which the protection can be sought under the provisions of the enactment have been construed to be
operating in a wide compass to include physical and economic abuse.169
163
P Chandrasekhara Pillai v. Valsala Chandran, 2007 CriLJ 2328. 83. Pritiben Jiteshbhai Upadhyay v. Jiteshbhai Vabhai
Upadhyay,1187 (Guj).
164
P Chandrasekhara Pillai v. Valsala Chandran, 2007 CriLJ 2328. 83. Pritiben Jiteshbhai Upadhyay v. Jiteshbhai Vabhai
Upadhyay,1187 (Guj).
165
Ajay Kant v. Alka Sharma, 2008 CriLJ 264.
166
The Protection of Women from Domestic Violence Act, 2005 NO. 43 OF 2005 [13th September, 2005.] sec 2(a).
167
The Protection of Women from Domestic Violence Act, 2005 NO. 43 OF 2005 [13th September, 2005.] sec 2(f).
168
The Protection of Women from Domestic Violence Act, 2005 NO. 43 OF 2005 [13th September, 2005.] sec 2(s).
169
Jayashri Samshuddin Talapdar v. Samshuddin Karim Talapdar, 2018 (3) DMC 239, 2018.
62
Section 3 of the Act defines domestic violence. 170 The definition of domestic violence is very wide
and apart from other aspects it encompasses within itself physical abuse, verbal abuse, sexual abuse,
emotional abuse and economic abuse.171 Thus, going by clause (a) of Section 3 even economic abuse will
constitute domestic violence.
The Definition is very wide.

The act defines domestic violence in wide terms which includes all forms of violence which a
woman could be subjected to by an abuser in her domestic relationship. It not only includes physical
abuse of wide import, including therein, almost every kind of bodily injury but also sexual, verbal,
emotional and economic abuse. The provision, as it reads, is so wide that it encompasses physical, mental,
verbal, economic abuse of all forms. This widest definition is a legislative mechanism to protect a woman
170
3. Definition of domestic violence. For the purposes of this Act, any act omission or commission or conduct of the
respondent shall constitute domestic violence in case it
(a) harms or injures or endangers the health, safety, life, limb or well being, whether mental or physical, of the aggrieved
person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse;
or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to
meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or
clause (b);
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation 1.-For the purposes of this section,
(i)"physical abuse" means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb,
or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal
force;
(ii) "Sexual abuse" includes any conduct of a sexual nature that abuses humiliates, degrades or otherwise violates the dignity
of woman;
(iii) "Verbal and emotional abuse" includes –
(a) Insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male
child; and
(b) Repeated threats to cause physical pain to any person in whom the aggrieved person is interested.
(iv) "Economic abuse" includes
(a)Deprivation of all or any economic or financial resources which the aggrieved person is entitled under any law or custom
whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but
not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately
owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b)Disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds
and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic
relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other
property jointly or separately held by the aggrieved person; and
(c) Prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or
enjoy by virtue of the domestic relationship including access to the shared household.
Explanation II. -For the purpose of determining whether any act, omission, commission or conduct of the respondent
constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be taken into
consideration.
171
Abhijit Bhikaseth Auti v. State of Maharashtra & Anr., Criminal writ Petition NO.2218 OF (2) HLR 230. 2007, Bombay
High Court.
63
and provide her appropriate relief of residence besides providing her monetary relief.172
The Definition is gender-neutral.

When Section 3 of the Act defines "domestic violence, it is clear that such violence is gender
neutral. It is also clear that physical abuse, verbal abuse, emotional use and economic abuse can all be
inflicted by women against other women, Even sexual abuse may, in a given fact circumstance, be by one
woman on another. Section 3, therefore, in tune with the general object of the Act, seeks to outlaw
domestic violence of any kind against a woman, and is gender neutral. When one goes to the remedies
that the Act provides, things become even clearer. Section 17(2) makes it clear that the aggrieved person
cannot be evicted or excluded from a shared household or any part of it by the "respondent" save in
accordance with the procedure established by law. If "respondent" is to be read as only an adult male
person, it is clear that women who evict or exclude the aggrieved person are not within its coverage, and
if that is so, the object of the Act can very easily be defeated by an adult male person not standing in the
forefront, but putting forward female persons who can therefore evict or exclude the aggrieved person
from the shared household.173
Emotional Abuse.
Emotional abuse of the aggrieved person amounts to domestic violence 174. The very fact that he
has led life with another woman during the subsistence of his marriage with his wife and begot children
from the second wife amounts to emotional abuse as contemplated by Section 3(a) of the Act,
endangering the mental and physical well-being of the aggrieved person. This is another form of domestic
violence within the meaning of Section 3(a) of the Act.175
Economic Abuse.
Section 2(g) of the DV Act, 2005, states that "domestic violence" has the same meaning as assigned
to it in Section 3 of the DV Act, 2005. Section 3 is definition of domestic violence. Clause (iv) of
Explanation I to Section 3 relates to "economic abuse" which includes prohibition or restriction to
continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue
of the domestic relationship including access to the shared household as evident from Explanation I clause
172
Santoshi Bai v. Gangaram, (2015) 4 RCR (Cri) 596: 2015 Cri LJ 3600: (2015) 4 RCR (Civil) 644.
173
Hiral P. Harsora v Kusum Narottamdas Harsora, (2016) 10 SCC 165; AIR 2016 SC 4774.
174
Bulu Das v. Ratan Das, 11 (2010) DMC 769.
175
Kasturi v. Subhas, 2017 (3) DMC 406; 2018 (181) AIC 803; 2018 (1) AIR Kar R. 147.
64
(iv)(c) to Section 3, Continued deprivation of economic and financial resources and continued prohibition
or denial of access for the shared household to the aggrieved person is a domestic violence and the
protection under the Act of 2005 will be available to the wife who was driven out from her husband's
shared household prior to coming into effect of the Act of 2005, but the deprivation continued even after
the Act came into force.176 Similarly, the denial of household necessities of the wife is also an economic
abuse. The husband is bound to maintain the wife. If he neglects or fails to maintain, the wife is deprived
of her financial resources to maintain herself and to meet her household necessities. Denial of either of
these two would amount to economic abuse. Such economic abuse will amount to domestic violence. The
wife, who is the victim of such domestic violence, is, therefore, entitled for monetary relief under Section
20 of the Act.177
Living with drunkard husband-amounts to domestic violence
If the wife lives with her drunkard husband and second wife, it would amount to domestic
violence. The act of the husband in living as aforesaid with the proverbial wine, wife and song is an
illustration of an antithesis of an egalitarian matrimony. That the wife would be required to live under the
same roof with her husband and his second wife is an oxymoron in itself. It clothes itself the cliché of a
woman being treated as a chattel; a wife being left to the vagaries of the emotional and mental violence
when a husband surrenders himself to his pleasures in which wife cannot and would not partake. This act
itself falls squarely within the broad and inclusive definition of the domestic violence under Section 3(a)
and (d) of the DV Act.178
Woman of 63 years compelled to live alone amounts to domestic violence.

Where a woman of 63 years and having no child was compelled to live alone by her husband, it was
held that such situation would come under the term 'domestic violence' as defined under Section 3 of the
Act.179
Wife beating.
Commenting upon the observation of the subordinate court that wife-beating is a normal facet of
married life, the Supreme Court expressed displeasure as regards the approach of the judges towards the
victims of domestic violence in the following words; “They show a mindset which needs to change. There
176
Karim Khan v. State, 2012(3Crimes) 731.
177
B. Prakash v. Deepa, III (2016) DMC 15.
178
Sabah Sami Khan v. Adnan Sami Khan, 2011 AIR CC 541 (Bom).
179
VD. Bhanot v. Savita Bhanot, (2012) 3 SCC 183.
65
is a phenomenal rise in crime against women and protection granted to women by the Constitution of
India and other laws can be meaningful only if those who are entrusted with the job of doing justice are
sensitized towards women's problems."180
Domestic violence and marital rape.

Under Sec 3 explanation-1 sexual assault include any acts that are sexual in nature which hurts
dignity of women hence even marital rape comes under this definition. A woman who is victim of marital
rape can come to court and ask for legal separation from her husband under this Act. But living separately
is not equal punishment.
Domestic violence includes harassment.

Domestic violence as defined in Section 3 of the Act includes harassment to coerce a woman or a
person related to her to meet any unlawful demand for property. Domestic violence also includes physical
abuse, verbal and emotional abuse and economic abuse.181
5.5 Functional Authorities and Service Providers under the Act, 2005.
The Act has tasked government to provide legal aid, medical services, and shelter homes for victims
of domestic violence and also provides various provisions which regulate the state not only to provide
legal or medical services but also to appoint functional officers and service providers to help victims of
domestic violence and to protect the rights of victims. Powers and functions of these officers under the
Act are further explained under the following heading:
5.5.1 Protection officers

Appointment of Protection Officers182. –
Section 8 of the Act provides that the Government shall, by notification appoint such number of
180
Vajresh Venkatray Anvekar v. State of Karnataka, (2013) 3 SCC 462.
181
Kalpana Pal v. State of West Bengal (2011) 3 CHN 460.
182
Appointment of protection officer -(1) The State Government shall, by notification, appoint such number of Protection
Officers in each district as may consider necessary and shall also notify the area or areas within which Protection Officer shall
exercise the powers and perform the duties conferred on him by or under this Act.
(2) The Protection Officers shall as far as possible be women and shall possess such qualifications and experience as may be
prescribed.
(3) The terms and conditions of service of the Protection Officer and the other officers subordinate to him shall be such as
may be prescribed.
66
Protection Officers in each district as it may consider necessary. Sub-section 2 provides that Protection
Officers shall as far as possible be women and shall possess such qualification and experience as may be
pre scribed. Duties and responsibilities of Protection Officers are those enumerated in Section 9 of the
Act. In exercise of the powers conferred under Section 37 of the Act, the Central Government has framed
the Protection of Women from Domestic Violence Rules 2006 (hereinafter referred to as Rules). Rule 3,
which lays down the qualification and experience provide that Protection Officers appointed by the State
Government may be of the Government or members of the non-Governmental organizations and that they
shall have at least 3 years' experience in Social Sector. Rules 8 and 10 also lay down the duties and
functions of Protection Officers.183
Information to Protection Officer and exclusion of liability of informant184.
Section 4 of the Act provides that any person, who has reasons to believe that an act of domestic
violence has been, or is being or is likely to be committed, may give information about it to the concerned
Protection Officer.185A domestic incident report is required to be prepared by Protection Officer under
Section 9(1)(b) of the Act. An application made under Sections 18 and 19 of the DV Act may have to be
considered based upon the facts of each case and not necessarily with the aid and assistance of any
Protection Officer or Service Provider. It may be required to be considered only upon the application
made to the Court by the aggrieved person herself. In such a case no domestic incident report may be filed
or may be necessitated.186
Duties and functions of Protection Officers187.
183
Anithakumari K S, Blue Nile v. State of Kerala, 2011 SCC online ker 763.
184
-Sec 4 information to protection officer and exclusion of liability of informant. (1) Any person who has reason
to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information
about it to the concerned Protection Officer.(2) No liability, civil or criminal, shall be incurred by any person for
giving in good faith of information for the purpose of sub-section (1).
185
Eshan Joshi v. Suman, 2018 (3) DMC 181; 2018 (1) RCR (Cri) 931.
186
Sabah Sami Khan v. Adnan Sami Khan, (2011) 1 Mah LJ 427(2011) 1 Bom CR 788.
187
Sec 9 Duties and function of protection officers:(1) It shall be the duty of the Protection Officer -
(a) To assist the Magistrate in the discharge of his functions under this Act;
(b) To make a domestic incident report (DIR) to the Magistrate, in such form and in such manner as may be prescribed, upon
receipt of a com plaint of domestic violence and forward copies thereof to the police officer in charge of the police station
within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in
that area;
(c) To make an application in such form and in such manner as may be prescribed to the Magistrate, if the aggrieved person so
desires. Claiming relief for issuance of a protection order;
(d) To ensure that the aggrieved person is provided legal aid under the Legal Services Authorities Act, 1987 (39 of 1987) and
make available free of cost the prescribed form in which a complaint is to be made;
(e) To maintain a list of all service providers providing legal aid or counselling, shelter homes and medical facilities in a local
area within the jurisdiction of the Magistrate
(f) to make available a safe shelter home, if the aggrieved person so requires and forward a copy of his report of having lodged
the aggrieved person in a shelter home to the police station and the Magistrate having jurisdiction in the area where the
67
A DIR (domestic violence report) is required to be prepared by a Protection Officer under Section
9(1) (b) of the Domestic Violence (DV) Act. This is contemplated in case of physical violence when
complaint in that behalf is made or filed. The Protection Officer, in such a case, functions under Section
9(1) (a) of the DV Act. The injuries caused to the aggrieved person are required to be documented.
Consequently, a report in that behalf would be required to be seen by the Magistrate who may be called
upon to ultimately determine and consider the application after some time when it reaches hearing. At
such time, no evidence of any injuries and so forth may be shown to the Magistrate except under the
report of the Protection Officer. Consequently, the said provision is an enabling provision. Such a report
cannot be made in case of any application alleging Domestic Violence which may be other than physical
violence for example verbal or emotional abuse considered based upon the facts of each case and not
necessarily with the aid An application made under Sections 18 and 19 of the DV Act may have to be and
assistance of any Protection Officer or Service Provider. It may be required to be considered only upon
the application made to the Court by the aggrieved person herself. In such a case no DIR may be filed or
may be necessitated.188
The duties and functions of Protection Officer are provided in Section 9. The sub-section (1) of Section 9
provides that it shall be the duty of the Protection Officer (a) to assist the Magistrate in discharge of his
functions under the Act (b) to make a DIR to the Magistrate in such form and in such manner as may be
prescribed, upon receipt of a complaint of domestic violence and forward the copies thereof to service
provider and so forth. The Protection Officer on receipt of complaint of domestic violence under rule 5 of
the Protection of Women from Domestic Violence Rules, 2006 shall prepare DIR and submit the same to
the Magistrate and supply copies thereof to service provider. On the request of any aggrieved person
under sub-rule (2) of Rule 5 a service provider may record a DIR and forward a copy thereof to the
Magistrate and Protection Officer having jurisdiction in the area where the domestic violence is alleged to
have taken place189. Duties of the protection officer have also been outlined in Rule 8 of The Protection of
shelter home is situated;

(g) to get the aggrieved person medically examined, if she has sustained bodily injuries and forward a copy of the medical
report to the police station and the Magistrate having jurisdiction in the area where the domestic violence is alleged to have
been taken place;
(h) to ensure that the order for monetary relief under Section 20 is com plied with and executed, in accordance with the
procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974); (i) to perform such other duties as may be
prescribed.
(2) The Protection Officer shall be under the control and supervision of the Magistrate, and shall perform the duties imposed
on him by the Magistrate and the Government by, or under, this Act.
188
Mrs. Sabah Sami Khan v. Adnan Sami Khan, (2011) 1 AIR Bom R 203: 2011 AIR CC 541.
189
Rahul v. State of H P, 2012 CriLJ 2782: (2013) 2 HLR 41.
68
Women from Domestic Violence Rules, 2006 190similar to that of section 9 of the Act.
5.5.2 Service providers191
Section 10 of the Act of 2005 provides for registration of voluntary association registered under the
Societies Act, 1860 or a company registered under the Companies Act, 1956 having objective of
protection the rights and interest of the women to register itself with the State Government as service
provider. Section 10 also enumerates the powers of a service provider. Such power include the power to
record the DIR, to get the aggrieved person medical examined and to ensure that the aggrieved person is
provided shelter in a shelter home, if she so requires. This Section further provides immunity to the
service provider or any member of the service provider for anything done or intended to be done in good
faith under the Act, from any suit, prosecution or other proceeding.192
Duties of police officers, service providers and Magistrate: 193
190
The Protection of Women from Domestic Violence Rules, 2006 ,[Oct, 2006] Rule 8.
191
Section 10 Service provider :(1) Subject to such rules as may be made in this behalf, any voluntary association registered
under the Societies Registration Act, 1860 (21 of 1860) or a company registered under the Companies Act, 1956 (1 of 1956) or
any other law for the time being in force with the objective of protecting the rights and interests of women by any lawful means
including providing of legal aid, medical, financial or other assistance shall register itself with the State Government as a
service provider for the purposes of this Act.
(2) A service provider registered under sub-section (1) shall have the power to
(a) record the domestic incident report (DIR) in the prescribed form if the aggrieved person so desires and forward a copy
thereof to the Magistrate and the Protection Officer having jurisdiction in the area where the domestic violence took place;
(b) get the aggrieved person medically examined and forward a copy of the medical report to the Protection Officer and the
police station within the local limits of which the domestic violence took place;
(c) Ensure that the aggrieved person is provided shelter in a shelter home, if she so requires and forward a report of the
lodging of the aggrieved person in the shelter home to the police station within the local limits of which the domestic violence
took place.
(3) No suit, prosecution or other legal proceeding shall lie against any service provider or any member of the service provider
who is, or who is deemed to be, acting or purporting to act under this Act, for anything which is in good faith done or intended
to be done in the exercise of powers or discharge of functions under this Act towards the prevention of the commission of
domestic violence.
192
RABINDRA KR. PATHAK, PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE 164 Thomason Reauters,
legal ( 1ST ed 2019)
193
Section 5 Duties of police officers, service providers and Magistrate: A police officer, Protection Officer, service
provider or Magistrate who has received a complaint of domestic violence or is otherwise present at the place of an
incident of domestic violence or when the incident of domestic violence is reported due to him, shall inform the
aggrieved person-
(a) Of her right to make an application for obtaining a relief by way of a protection order, an order for monetary
relief, a custody order, a residence order, a compensation order or more than one such order under this Act;
(b) Of the availability of services of service providers;
(c) Of the availability of services of the Protection Officers;
(d) Of her right to free legal services under the Legal Services Authorities (LSA) Act, 1987 (39 of 1987);
(e) Of her right to file a complaint under Section 498-A of the Indian Penal Code (45 of 1860), wherever relevant:
"Provided that nothing in this Act shall be construed in any manner as to relieve a police officer from his duty
to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence."
69
The Section lays down the duties of a police officer, Protection Officer, service provider and the
Magistrate to inform the aggrieved person of her rights to make an application for one or more reliefs
under the Act, the availability of services of service providers and Protection Officers, her right to avail
free legal services under the LSA Act, 1987, and her right to file a complaint under Section 498A of the
Indian Penal Code, 1860, wherever relevant. It is also envisaged that this Section shall not relieve any
police officer from his duty to proceed in accordance with law on receipt of information as to commission
of a cognizable offence. The role of service providers under the Act, 2005, is no less. A service provider
has the power to record the domestic incident report; ensure that the aggrieved person is medically
examined and that the victim woman is provided shelter in a shelter home.194
Duty of police officer:
The complaint, if made, by any woman alleging offence under the Protection of Women from
Domestic Violence (DV) Act, 2005, committed by any member of the family, the matter is to be looked
upon seriously. The police without proper verification and investigation cannot submit a report that no
case is made out. The investigating agency is required to make proper enquiry not only from the members
of the family but also from neighbours, friends and others. After such enquiry, the investigating agency
may form a definite opinion and file report but it is for the Court to decide finally whether to take
cognizance for any offence under any of the provisions of the Act.195
Free legal aid:
The right to free legal service is clearly an essential ingredient of 'reasonable fair and just procedure
for a person accused of an offence and it must be held to be implicit in the guarantee of Article 21. That is
why it has always been recognized as one of the principal items of the programme of the legal aid
movement in the country to promote legal literacy. It would in these circumstances make a mockery of
legal aid if it were to be left to a poor ignorant and illiterate accused to ask for free legal services. Legal
aid would become merely a paper promise and it would fail of its purpose.196
5.5.3 Duties of shelter homes.197

Under this section the person who is in charge of shelter shall be bound to provide shelter to victim
194
Shruti Singh v. Press Council of India, (2008) 71 AIC 758: (2008) 3 PLJR 683.
195
Santosh Bakshi v. State of Punjab. (2014) 13 SCC 25: (2014) 5 SCC (Cr) 517.
196
Suk Das v. Union Territory of Arunachal Pradesh, (1986) 2 SCC 401: 1986 SCC (Cr) 166.
197
Section 6 Duties of Shelter homes :If an aggrieved person or on her behalf a Protection Officer or a service provider
requests the person in charge of a shelter home to provide shelter to her, such person in charge of the shelter home shall
provide shelter to the aggrieved person in the shelter home.
70
or aggrieved person on request by such person or on her behalf by protection officer or a service provider.
Right to shelter
Basic needs of man have traditionally been accepted to be three-food, clothing and shelter. The right
to life is guaranteed in any civilized society. That would take within its sweep the right to food, the right
to clothing, the right to decent environment and a reasonable accommodation to live in. The difference
between the need of an animal and a human being for shelter has to be kept in view. For the animal it is
the bare protection of the body, for a human being it has to be a suitable accommodation which would
allow him to grow in every aspect physical, mental and intellectual.198
Procedure to get Shelter under the Act

The procedure to get shelter under the scheme of the Act has been provided under Rule 16 of the
Protection of Women from Domestic Violence Rules, 2006 199. It provides that once a request is made by
the victim, the protection officer or service provider shall make an application in writing clearly stating
that it is made under Section 6 of the act to person in charge of shelter home and the application shall be
accompanied by a copy of the domestic incident report registered, under section 9 or under section 10 but
the shelter home are not bound to refuse shelter to an aggrieved person under the Act, for her not having
lodged a domestic incident report, prior to the making of request for shelter in the shelter home.
5.5.4 Duties of medical facilities.200

Under this section the person who is in charge of medical facility shall be bound to provide medical aid to
victim or aggrieved person on request by such person or on her behalf by protection officer or a service
provider.
Medical aid/care
The term health implies more than an absence of sickness. A medical care and health facility not
only protects against sickness but also ensures stable man power for economic development. Health is
thus a state of complete physical, mental and social well-being and not merely the absence of disease or
infirmity. In the light of Articles 22 to 25 of the Universal Declaration of Human Rights, International
Convention on Economic, Social and Cultural Rights and in the light of socio-economic justice assured in
198
Shantistar Builders v. Narayan Khimalal Totame, (1990) 1 SCC 520; AIR 1990 SC 630. 20.
199
200
Section 7 Duties of medical facilities :If an aggrieved person or, on her behalf a Protection Officer or a service provider
requests the person in charge of a medical facility to provide any medical aid to her, such person in charge of the medical
facility shall provide medical aid to the aggrieved person in the medical facility.
71
our Constitution, right to health is a fundamental human right. Article 25(2) of Universal Declaration of
Human Rights, 1948, assures that everyone has the right to a standard of living adequate for the health
and well-being of himself and of his family... including medical care, sickness, disability. Our
Constitution in the Preamble and Part IV reinforces them compendiously as socio-economic justice,
bedrock to an egalitarian social order. The right to social and economic justice is thus a fundamental
right.201
Procedure
The Procedure to get medical aid by the victim of domestic violence has been detailed in Rule 17 of
the Protection of Women from Domestic Violence Rule 2006 according to which an aggrieved person or
the Protection Officer or the service provider may make a request under section 7 to a person in charge of
a medical facility in writing, clearly stating that the application is being made under section 7 and the
application shall be accompanied by a copy of the domestic incident report but the medical facility shall
not refuse medical assistance to an aggrieved person under the Act, for her not having lodged domestic
incident report, prior to making a request for medical assistance or examination to the medical facility.
Even if domestic incident report has not been made, the person-in charge of the medical facility shall fill
in Form I and forward the same to the local Protection Officer. It is also a duty of medical faculty to
supply a copy of the medical examination report to the aggrieved person free of cost.202
5.5.5 Duties of Government.203

The wide publicity to the provision of the Act by the Central Government as well as the State
Government has to be given. That there has to be s and awareness training on the issues addressed by the
Act of 2005 needs no as sensitization without that the objective sought to be achieved by the Act may not
be achieved. It is true that the State Government has referred to a few schemes emphasis with regard to
women development and empowerment and also budget sanction for rehabilitation services to the victim
201
RABINDRA KR. PATHAK, PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE 155-156 (1st ed., 2019)
202
203
Section 11 Duties of Government :The Central Government and every State Government, shall take all measures to ensure
that(a) The provisions of this Act are given wide publicity through public media including the television, radio and the print
media at regular intervals;
(b) The Central Government and State Government officers including the police officers and the members of the judicial
services are given periodic sensitization and awareness training on the issues addressed by this Act;
(c) effective co-ordination between the services provided by concerned Ministries and Departments dealing with law, home
affairs including law and order, health and human resources to address issues of domestic violence is established and
periodical review of the same is conducted;
(d) protocols for the various Ministries concerned with the delivery of services to women under this Act including the courts
are prepared and put in place.
72
of violence. But such schemes may not have any meaning unless the benefits percolate down the needy
victim of domestic violence. The talk of women development and empowerment may remain hollow
unless there is sincere implementation of Act, 2005. Thus, the following measures have to be taken to
implement the Act;
(i) The State Government shall ensure that for the time being at least one Protection Officer is appointed in
each district as early as possible and in no case later them 30.11.2008. Looking to the incidents of
domestic violence, if there is need of more than one Protection Officer in each district, the State
Government shall appoint such number of Protection Officers in each district as it may consider necessary
and also notify the area or areas within which the Protection Officers shall exercise the powers and
perform the duties conferred upon them under the Act.
(ii) The State Government shall notify at least one shelter home for the purposes of the Act of 2005 in each
district. While making available shelter home, the State Government shall ensure that such shelter home is
safe for the women. If possible, the provision of adequate medical facilities be also provided at such
shelter homes. This exercise shall be completed by the State Government positively by 30.11. 2008.
(iii) The State Government shall create an environment or provide incentives that may lead non-
Governmental organizations, voluntary associations and the company registered under the Companies Act
having an objective of protecting the rights and interest of the women to register them as service
providers.
(iv)The State Government shall organize periodic sensitization and awareness training to the police officers
and the members of the judicial services. Such sensitization and awareness training shall be held at least
once in a year.
(v) The State Government shall ensure effective co-ordination between the ministries and the departments
dealing with law, home affairs including law and order, health and human resources to address issues of
domestic violence and shall further ensure that periodical review of the matter is conducted.204
5.6. Procedural Formalities under the Act, 2005.

5.6.1 Application to Magistrate.205 -
204
Shruti Singh v. Press Council of India, (2008) 71 AIC 758: (2008) 3 PLJR 683.
205
Section 12 Application to Magistrate. - (1) An aggrieved person or a Protection Officer or any other person on behalf of the
aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:
Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident
report received by him from the Protection Officer or the service provider.
(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or
damages without prejudice the right of such person to institute a suit for compensation or damages for the injuries caused by
73
The proceedings under the said Act can be initiated in accordance with Section 12(1) of the said
Act. Proceedings can be initiated either by the aggrieved person or by the Protection Officer or any person
on behalf of the aggrieved person. The application under Section 12(1) is required to be filed in
accordance with the format prescribed by Rule 6 of the Protection of Women from Domestic Violence
Rules, 2006. Under Sub Section 4 of Section 12 of the Act after receipt of the application, the learned
Magistrate is required to fix the first date of hearing and notice is required to be issued in accordance with
Section 13 of the said Act. The Act does not contemplate issue of process or summons or warrant on the
application under Section 12(1) of the Act.206 The proceeding under the Act against the tenant who is not
the relative of the husband respondent is not maintainable. 207 Section 12 of the Act recognises the right of
an "aggrieved person" (necessarily a woman by definition) to present application to the Magistrate
seeking one or more reliefs under the Act. The reliefs provided under the Act are contained in Sections 17
to 22.208
A perusal of Section 12(1) Domestic Violence (DV) Act permits any aggrieved person or a
Protection Officer or any other person on behalf of the aggrieved person to present an application to the
Magistrate seeking one or more reliefs under the Act. As per the proviso, before passing any order on
such application, the Magistrate shall take into consideration any Domestic Incident Report (DIR)
received by him from the Protection Officer or the service provider. It may be noted that the very use of
the word "any domestic incident report having been received" indicates that all cases where DIR may be
received, the same shall be considered. However, where no DIR has been received, it is not mandatory for
the Court to wait for the said report before issuing notice. Thus, the receipt of the DIR is not a pre-
requisite for issuing a notice to the respond This position is further clarified from sub-Section (2) which
says that the relief sought under sub-section (1) may include relief of issuance of an order of payment of
compensation or damages without prejudice to the rights of such person to institute a suit for
the acts of domestic violence committed by the respondent:
Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the
aggrieved person, the amount if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be
set off against the amount payable under such person and the decree shall, notwithstanding anything contained in the Code d
Civil Procedure, 1908 (5 of 1908), or any other law for the time being force, be executable for the balance amount, if any, left
after such set off
(3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as
nearly as possible thereto.
(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of
the application by the Court.
(5) The Magistrate shall endeavour to dispose of every application ma under sub-section (1) within a period of sixty days from
the date of its first hearing.
206
MangeshSawant v. Minal Vijay Bhosale, 2012 CriLJ 1413.
207
Ashish Dixit v. State of UP AIR 2013 SC 1077.
208
ShaluOjha v. Prashant Ojha, (2015) 2 SCC 99.
74
compensation for damages.209
Section 12 of the Act entitles an aggrieved person or a Protection Officer or any other person on
behalf of the aggrieved person to present an application to the Magistrate seeking one or other reliefs
specified under the Act. Section 18 of the Act empowers the Magistrate to pass protection orders in
favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic
violence or any other specified acts entering the place of employment, or school in case of child of
aggrieved person, attempting to communicate the aggrieved person, alienating any assets or operating
bank accounts and bank lockers used or enjoyed by both the parties or singly by the respondent, causing
violence to the dependents or other relatives of the aggrieved person. The list of prohibition orders which
the Magistrate is empowered to pass as enumerated under Clauses (a) to (f) of Section 18 is not
exhaustive, rather by virtue of Clause (g) of Section 18, the Magistrate is empowered to prohibit the
respondent from committing any other act to be specified in the protection order. Section 19 of the Act
provides for rights of women to secure housing.
Under Section 22, the Magistrate has power to award compensation and damages for the injuries,
including mental torture and emotional distress caused by the acts of domestic violence committed by the
respondent. Section 23 empowers the Magistrate to pass such interim order as he deems just and proper
during pendency of the proceedings under the Act. Section 26 mandate that any relief available under
Sections 18, 19, 20, 21 and 22 may also be sought in any legal proceedings before a Civil Court, Family
Court or Criminal Court affecting the aggrieved person and the respondent whether such proceeding was
initiated before or after the commencement of the Act and any relief referred to in subsection (1) of
Section 26 may also be sought for in addition to and along with any other relief that the aggrieved person
may seek in such suit or legal proceedings before a Civil or Criminal Court.210
Section 12 embraces in itself and covers the remedies available to the aggrieved person under
Section 17 which grants right of residence in a "share household," Section 18 deals with protection order,
Section 19 speak of residence order following from Section 17, Section 20 relates to monetarily relief and
Section 21 provides for order for custody. Section 23 enables the Magistrate to pass an interim and ex
parte order in respect of any of the aforesaid matters pursuant to an application under Section 12 of the
Act.
209
Shambhu Prasad Singh v. Manjari, 2012(131) DRJ 200:2012(2) JCC 1023:2012(6) AD(Delhi) 538:2012(3) CivCC
769:2012(4) Crimes 161.
210
Shabana alias Chant Bai v. Mohd Talib Ali 2014 CrLJ 866.
75
Locus Standi to file an Application under Section 12 of the Act
Section 2(a) provides that the remedies under the Act may be obtained by the aggrieved person by
filing an application under Section 12 of the Act. Thus seen, it is the aggrieved person only who has locus
standi to file the case under the Act. But, Section 12 softens this rule. It provides that either an aggrieved
person or a Protection Officer or any other person on behalf of the aggrieved person has locus standi to
file an application before the competent Magistrate for seeking one or more of the reliefs under the said
Act. 211
Meaning of the word 'any under section 12 of the Act

Section 12 which require application before the Magistrate for obtaining order or reliefs under the
Act contains proviso to the effect that before passing any order on such application, the Magistrate shall
take into consideration any DIR received by him from the Protection Officer or the service provider. The
word any in the proviso would indicate that if such report is received, if any, because before receiving
such report it is essential that for the area concerned State Government must have appointed Protection
Officer.212
Essential Requirements of Section 12 of the Act

A woman covered by the definition of an aggrieved person as defined under the Act has a right to
present an application under the Act to the Magistrate seeking one or more reliefs to which she is entitled
under the Act on her proving that she is or has been in a domestic relationship with the respondents and
has been subjected to any act of domestic violence by the respondent. Thus, it is evident that before a
person or persons can be proceeded against by an aggrieved per son under Section 12 of the Act; she must
plead and prove, that such person or persons and the aggrieved person are either living together or have at
any point of time lived together in a shared household or are family members living together as a joint
family and the aggrieved person has been subjected to any set of domestic violence by such person or
persons213
5.6.2 Service of notice.214
211
Chithrangathan v. Seema, 1 (2008) DMC 365.
212
Maroti v. Gangulbai,III(1011) DMC 483.
213
Geeta v. State of U.P., (2014) 85 ACC 614(2015) 1 All LJ 796: (2014) 5 RCR (Cri) 577: (2014) 3 CCC 615:(2014) 2 HLR
446.
214
Section 13. Service of notice. - (1) A notice of the date of hearing fixed under Section 12 shall be given by the Magistrate to
the Protection Officer, who shall get it served by such means as may be prescribed on the respondent, and on other person, as
directed by the Magistrate within a maximum period of two days or such further reasonable time as may be allowed by the
76
Section 13 provides for the procedure as to how summons is to be served upon the respondent. It
empowers the Magistrate to direct the Protection Officer b handing over the notice of the date of hearing
of the case to serve it upon the respondent. The Protection officer is under obligation to serve the said
notice upon the respondent within two days or within such further time as may be extended by the Court.
A declaration of service of notice upon the respondent by the Protection Officer shall be the proof that
such notice has been served either upon the respondent or any other person as directed by the Magistrate
However, the Magistrate is required to see before issuing the summons that all the requirements of
Section 2(a) and 2(q) is complied with. In other words, the Magistrate must see to it that the person who
has initiated the case under the Act comes within the definitional sweep of Section 2(a) of the Act and the
person against whom the application has been preferred must be a person coming under the ambit of
Section 2(q) of the Act. It, in no uncertain terms, means that the person filing the case must be an
aggrieved person and the person against whom the case has been initiated must be the respondent. Apart
from that, the requirements of domestic relationship and shared household as defined in Section 2(f) and
(s) respectively must also be satisfied. Moreover, the person filing the case is subjected to domestic
violence as defined under Section 3 of the Act.
Section 13 is mandatory
Section 13 of the Act, 2005, is a mandatory section which cannot be over-sighted, 258 Compliance
of Rule 12 is also necessary by the Magistrate so far as service of notice is concerned.215
5.6.3 Counselling
Under section 14 of the Act the magistrate may, at any stage of the proceedings under this
Act, direct the respondent or the aggrieved person, either singly or jointly to undergo counselling with any
member of a service provider who possess such qualification and experience in counselling as may be
prescribed.
The object of the Act is to protect the woman from being victimised by domestic violence and to prevent
occurrences of domestic violence in the society. It is, therefore, a legislation to arm the woman from
being victimised by violation.
Duty of the Court
Magistrate from the date of its receipt.
(2) A declaration of service of notice made by the Protection Officer in such form as may be prescribed shall be the proof that
such notice was served upon the respondent and on any other person as directed by the magistrate unless the contrary is
proved.
215
Smt. Rani Devi v. State of UP, 2016 (3) All Crl Rulings 2450; 2016 (96) ACr C 175
77
Disputes contemplated in the DV Act are really family disputes and in most of the cases such
disputes are between the wife and husband. Law always encourages amicable settlement of matrimonial
disputes. Incidentally, it may be mentioned that Section 9 of the Family Court's Act, 1984, as well as
Section 23 of the Hindu Marriage Act, 1955, deal with conciliation and settlement of matrimonial
disputes. Section 9 of the Family Court's Act casts a duty on the Court to make an endeavour and
persuade the parties in arriving at a settlement. It is clear from a conjoint reading of Section 23 of the
Hindu Marriage Act, 1955, Section 9 of the Family Court's Act, 1984, Section 89 and Order 32A of the
Code of Civil Procedure that it is obligatory for the Court to give a fair chance to a conciliated or
negotiated settlement before adjudication is embarked upon.
5.6.5 Assistance of welfare expert.
Section 15 of the Act stipulates that the Magistrate may secure the services of a suitable person,
preferably a woman, whether related to the aggrieved per son or not, including a person engaged in
promoting family welfare for the purpose of assisting the Court in the discharge of its functions.
5.6.6 Proceedings to be held in camera. –

If the Magistrate considers that the circumstances of the case so warrant, and if either party to the
proceedings so desires, he may conduct the proceedings under this Act in camera. Section 16 provides for
proceedings to be held in camera as the discretion of the Magistrate or if either party to the proceedings so
desires.
It is well-settled that in general, all cases brought before the courts, whether civil, criminal, or others,
must be heard in open Court. Public trial in open Court is undoubtedly essential for the healthy, objective
and fair administration of justice. Trial held subject to the public scrutiny and gaze naturally acts as a
check against judicial caprice or vagaries, and serves as a powerful instrument for creating confidence of
the public in the fairness, objectivity, and impartiality of the administration of justice. Public confidence
in the administration of justice is of such great significance that there can be no two opinions on the broad
proposition that in discharging their functions as judicial tribunals, courts must generally hear causes in
open and must permit the public admission to the Court-room.216
5.7 Rights and Reliefs Available to the Victim and Orders under the Act, 2005
Different kinds of relief can be granted under the Act the reliefs which can be granted by the magistrate
216
Naresh Shridhar Mirajkar v. State of Maharashtra, (1966) 3 SCR 744: AIR 1967 SC L 279. Scott v. Scott (1911) All ER 30.
78
under the Act, 2005, are As follows:
 Right to reside in a shared household - Section 17;
 Protection orders - Section 18;
 Residence orders - Section 19;
 Monetary reliefs - Section 20;
 Custody orders - Section 21;
 Compensation orders - Section 22 and
 Interim and ex parte orders - Section 23.
5.7.1 Right to reside in a shared household.217 -

Section 17(1) start with a non-obstante clause which has overriding effect over other statues. 218The
sub-section provides that every women in a domestic relationship shall have right to reside in a shared
household whether or not she has any right, title or beneficial interest in the same. This is indeed a
provision which enlarges the scope of the concept of matrimonial home under the existing laws dealing
with matrimonial relationship. This is in the context of the definition of domestic relationship under
Clause (f) of Section 2 which means relationship between two persons who live or have, at any point of
time, lived together in a shared household, when they are related by consanguinity, marriage, or through a
relationship in the nature of a marriage. The definition of shared household under Section 2(s) of the said
Act is very wide. It even includes a household which may belong to the joint family of which the
respondent is a member and the aggrieved person not only acquires a right to be maintained but also there
under acquires a right of residence. The right of residence is a higher right. The said right as per the
legislation extends to joint properties in which the husband has a share. 219Though this law grants her
protection, it goes only thus far and not without reason. It is essentially a temporary remedy. It is entirely
a protectionist and not an empowering legislation. It holds fort until the parties work out their differences
and disputes and until the husband makes the reasonable alternate arrangement contemplated in the
legislation itself.220 Merely because the divorce proceedings are pending between the husband and the
217
Section 17 Right to reside in a shared household. - (1) Notwithstanding anything contained in any other law for the time
being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not
she has any right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in
accordance with the procedure established by law.
218
Yama v. Ankit Manubhai Patel, 2015 (1) DMC 215; 2015 (3) Crimes 481.
219
Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel, (2008) 4 SCC 649.
220
Ishpal Singh Kahai v. Ramanjeet Kahai, (2011) 3 Mah LJ 849: (2011) 4 Bom CR 656: (2011) 3 AIR Bom R 156: 2011 AIR
79
wife, the same cannot deprive the applicant who was allegedly subjected to domestic violence from
claiming residence in the shared household.221 In order to be entitled to protection under Section 17, a
woman will have to establish two facts, namely (i) that her relationship with the opposite party is a
"domestic relationship" and (ii) that the house in respect of which she seeks to enforce the right, is a
"shared household."
The right to residence and creation of mechanism to enforce is a ground breaking measure, which
Courts should be alive to. Restricting the scope of the remedies, including in respect of the right to reside
in shared household would undermine the purpose of this enactment. It is, therefore, contrary to the
scheme and the objects of the Act, as also the unambiguous text of Section 2(s), to restrict the application
of the 2005 Act to only such cases where the husband alone owns some property or has a share in it.
Crucially, the mother in-law (or a father-in-law, or for that matter, "a relative of the husband") can also be
a Respondent in the proceedings under the 2005 Act and remedies available under the same Act would
necessarily need to be enforced against them.222
Wife cannot be evicted without the due process of law
Section 17 (2) itself says that an aggrieved person cannot be evicted or excluded from the shared
household or any part of it by any person except the procedure established by law.223
Right to residence only in shared household
But, the wife is only entitled to claim a right to residence in a shared household and a shared
household' would only mean the house belonging to or taken on rent by the husband, or the house which
belongs to the joint family of which the husband is a member.224
Right is available only if there is domestic violence
The Domestic Violence (DV) Act grants protection to women in a shared household (or
matrimonial home) in case of any domestic violence perpetrated upon her therein. A wife who owns a
property can even otherwise exclude any person, including her abusive or violative husband therein under
civil law. The enactment of the DV Act would not be required to give such a wife any added protection by
way of any injunctive relief in respect of a residential property owned by her. The DV Act steps in to
protect the women who were otherwise left unprotected under the general law.
CC 1453.
221
Sheetal v. Hitesh, 2012 (4) Crimes 330 (Bom). 286. Vandhana v. T Srikanth, (2007) 5 CTC 679: (2007) 6 Mad LJ 205.
222
Preeti Satija v. Raj Kumari, AIR 2014 Del 45: 2014 (207) DLR.
223
Rehana v. Protection Officer, (2012) 2 MWN (Cri) 318: (2012) 4 CTC 669, 292.
224
S.R. Batra v. Smt. Taruna Batra, 2006 (4) Crimes 433 (SC); Sardar v. Kanwaljit Kaur, (2010) 116 DRJ 295.
80
5.7.2. Protection orders225 -
The Act has been introduced for providing more effective protection to helpless and shelterless
victims and to ensure the rights of women guaranteed under the Constitution. 226Section 18 of the Act
enumerates the orders which the Magistrate can pass in favour of the aggrieved person. These orders
include order prohibiting the respondent from (a) committing any act of domestic violence; (b) aiding or
abetting in the commission of acts of domestic violence; (c) entering the place of employment, or school
in the case of the child of the aggrieved person; (d) attempting to communicate with the aggrieved person,
(e) alienating any assets or operating bank accounts and bank lockers used or enjoyed by both the parties,
or singly by the respondent and (f) causing violence to the dependants or other relatives of the aggrieved
person. The list of protection orders mentioned in Section 18 of the Act is not exhaustive and it is open to
the Magistrate to pass any other appropriate order in consonance with the objective of the Act. While
considering a complaint by wife alleging domestic violence, long years after marriage, having no
children, left alone at her advanced age, without any proper shelter, protection and means of sustenance,
the Supreme Court has held that the conduct of parties even prior to the coming into force of the Act
could be taken into consideration while passing an order under Sections 18, 19 and 20 thereof.227
At the same time, it is not necessary that relief available under Sections 18, 19, 20, 21 and 22 can
only be sought for in a proceeding under Domestic Violence (DV) Act, 2005. Any relief available under
the aforesaid provisions may also be sought for in any legal proceeding even before a Civil Court and
Family Court, apart from the Criminal Court, affecting the aggrieved person whether proceeding was
initiated before or after commencement of the DV Act. 228 It is not necessary for the courts to decide
225
Section 18 Protection orders. - The Magistrate may, after giving the aggrieved person and the respondent an opportunity of
being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a
protection order in favour of the aggrieved person and prohibit the respondent from
(a) Committing any act of domestic violence;
(b) Aiding or abetting in the commission of acts of domestic violence;
(c) Entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other
place frequented by the aggrieved person;
(d) Attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or
electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the
aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either
jointly by the parties or separately by them without the leave of the Magistrate;
(f) Causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic
violence;
(g) committing any other act as specified in the protection order.
226
Sheetal v. Hitesh, (2011) 6 AIR Bom R 564: 2012 AIR CC 20: 2012 Cri L1 516: (2012)4 CCC 90: (2013) | CCC 57: (2012)
1 HLR 537.
227
VD Bhanot v. Savita Bhanot, (2012) 3 SCC 183.
228
Juveria Abdul Majid Putni v. Atif Iqbal Mansoori, 2015 (2) DMC 422; (2014) 10 SCC 736; 2014 (4) Crimes 442; 2015 (2)
HLR 206.
81
whether the domestic violence is com mitted prior to the coming into force of the Protection of Women
from DV Act 2005.229
Requirements of the section
On perusal of Section 18 of the Act, two things are required before passing an order in favour of the
aggrieved person; (1) opportunity of hearing to the parties, and (2) on being prima facie satisfied with
regard to happening of the domestic violence or likely to happen thereof. For being prima facie satisfied
some material is required. As provided in Rule 6(5) evidence is required as the same is required for
disposal of an application under Section 125 of Criminal Procedure Code. It cannot be accepted that only
upon providing an opportunity of hearing; such orders are required to be passed. 230 Thus, Section 18 of the
Act, 2005, provides that the Magistrate may, after giving the aggrieved person and the respondent an
opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is
likely to take place may pass a protection order in favour of the aggrieved person. A protection order may
contain an order prohibiting the respondent from committing any act of domestic violence or aiding or
abetting therein, entering the place of employment of the aggrieved person or if the person aggrieved is a
child its school, or any other place frequented by the aggrieved person or attempting to communicate in
any form whatsoever with the aggrieved person without the leave of the Magistrate, alienating any assets,
operating bank lockers of bank accounts belonging to both the parties jointly or to the respondent singly
including her stridhan or any other property held jointly or separately by them causing violence to the
dependents, other relatives or any person giving the aggrieved person assistance from domestic violence
or committing any other act as specified in the protection order.231
Rejection of protection order-when justified
Where the wife along with her husband is living in a separate accommodation owned by her husband after
leaving her father-in-law and mother-in-law, any prayer made by the wife in respect of any property
owned by her husband's parents cannot be entertained, more so, when there is pendency of several rounds
of litigation between the said wife and her father-in-law and mother-in-law. Further, if there is no proof
that the aggrieved person and her husband were driven away by her father-in-law, no order can be passed
under Sections 18 and 19 of the Act.232
229
Saraswathy v. Babu, (2014) 3 SCC 712. 372. Dr. Akshay v. Dr. Arti, (2017) 2 MahLJ 235: (2017) 174 AIC 477: 2017 CriLJ
(NOC 307) 93: (2017) 2 HLR 415: (2017) 2 E Cr N 164.
230
Madhusudan Bhardwaj v. Mamta Bhardwaj, (2009) 3 MPLJ 459: (2009) 81 AIC 423: (2009) 6 AIR Bom R (NOC 1018)
326: 2009 CriLJ 3095.
231
Mohit Yadam v. State of Andhra Pradesh, 2010 CriLJ 3751: (2010) 375. Fedco (P) Ltd., S.N. Bilgrami, (1960) 2 SCR 408:
AIR 1960 SC 415. 1 ALD (Cri) 1.
232
Jhuma Santra v. State of West Bengal, 2018 (1) Cal LT 547; 2018 (1) AICLR 207.
82
Order can be passed on prima facie satisfaction
The protection orders, which the Magistrate may pass under Section 18 of the Act, is only on being
prima facie satisfied that the domestic violence has take place or is likely to take place. The insistence to
take into consideration the domestic incident report of the Protection Officer would, therefore, not apply
at the stage of initiation of the enquiry under Section 12 of the Act. 233 However, the Magistrate is under
obligation to get satisfied as regards the fact that domestic violence has in fact taken place or is likely to
take place.
Ex Parte Order
An ex parte order may be passed on the basis of affidavits of the aggrieved per son in terms of, inter
alia, Sections 18 and 19 against the respondent. However, such ex parte order may be passed under
Section 23 of the Act. Section 23 empowers the Magistrate to grant interim and ex parte orders on the
Magistrate being satisfied that an application, prima facie, discloses that the respondent is committing or
has committed an act of domestic violence or that it is likely that the respondent may commit an act of
domestic violence.234
5.7.3. Residence orders, -235

233
Mohd. Akber Yaseen v. Rizwana Sulthana, 2010 (2) ALD (Cri) 680.
234
Shumita didi sandhu v. Adnan sami khan, (2010) 174 DLT 79.
235
Section 19. Residence orders, -(1) While disposing of an application under sub-section (1) of Section 12, the Magistrate
may, on being satisfied that domestic violence has taken place, pass a residence order –
(a) restraining the respondent from dispossessing in any other manner disturbing the possession of the aggrieved person from
the shared household, whether or not the respondent has a legal or equitable interest in the shared household;
(b) directing the respondent to remove himself from the shared household;
(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved
person resides
(d) restraining the respondent from alienating or disposing off the shared household or encumbering the same;
(e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate or
(f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the
shared house hold or to pay rent for the same, if the circumstances so require: Provided that no order under clause (b) shall be
passed against any person who is a woman.
(2) The Magistrate may impose any additional conditions or pass any other direction which he may deem reasonably necessary
to protect or to provide for the safety of the aggrieved person or any child of such aggrieved person.
(3) The Magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission
of domestic violence.
(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of Criminal Procedure,
1973 (2 of 1974) and shall be dealt with accordingly.
(5) While passing an order under sub-section (1), sub-section (2) or sub section (3), the Court may also pass an order directing
the officer-in-charge of the nearest police station to give protection to the aggrieved person or to assist her or the person
making an application on her behalf in the implementation of the order.
(6) While making an order under sub-section (1), the Magistrate may impose on the respondent obligations relating to the
discharge of rent and other payments, having regard to the financial needs and resources of the parties.
(7) The Magistrate may direct the officer-in-charge of the police station in whose jurisdiction the Magistrate has been
approached assist in the implementation of the protection order.
83
Section 19 of the Act confers power on the Magistrate to pass a Residence Order on being satisfied
that domestic violence had taken place. Such order may restrain the respondent from dispossessing the
aggrieved person or disturbing her possession from the shared household, restrain him or any of his
relatives from entering any portion of the shared household where the aggrieved person resides, restrain
him from alienating or disposing of the shared house hold or creating encumbrances on it, restrain him
from renouncing his rights in the shared household, and may also direct the respondent to remove himself
from the shared household or to secure same level of alternate accommodation for the aggrieved person as
was enjoyed by her in the shared household or to pay rent for the same.236
Section 19(1) (c) provides that a Court can restrain the respondent or any of his relatives from
entering any portion of the shared household in which the aggrieved person resides. Section 19(1)(a)
provides that the order restraining the respondent from dispossessing or in any other manner disturbing
the pos session of the aggrieved person from the shared household, whether or not the respondent has a
legal or equitable interest in the shared household, can be granted.237
Nature of right under section 19
The wife would be entitled to residence orders under Section 19 of the DV Act in respect of her
matrimonial home. This includes the order against her dispossession as well as alienation and disposal of
her matrimonial home under Section 19(1) (a) and (d) of the DV Act. Consequently, the wife would be
entitled to reliefs by way of residence orders in her matrimonial home which she had shared with her
husband admittedly upon her marriage. That right is only the right to reside therein, without more. It, of
course, would not give her any title to the property.238
5.7.4 Monetary reliefs.239 –

(8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her stridhan or any other
property or valuable security to which she is entitled to.
236
Savita Bhanot v. Lt. Col. V.D. Bhanot, (2010) 118 DRJ 391: (2010) 168 DLT 68: (2010) ⁹0 AIC 471: 2011 Cri LJ 2963.
237
Rajkumar Rampal Pandey v, Sarita Rajkumar Pandey, (2009) 1 Mah LJ 466: (2009) 76 AIC 421: (2008) 6 Bom CR 831:
(2009) 1 AIR Bom R 244: 2009 Cri LJ (NOC 321) 3 CCC 1.
238
VP Anuradha v. S. Sugantha, 2015 CriLJ 3478; 2015 (3) DMC 655; 2016 (2) HLR 404.
239
Section 20. Monetary reliefs. – (1) While disposing of an application under sub-section (1) of Section 12, the Magistrate
may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person
and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not be limited to,
(a) the loss of earnings;
b) the medical expenses.
(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person and
(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an
order of maintenance under Section 125 of the Code of Criminal Procedure (CrPC), 1973 (2 of 1974) or any other law for the
time being in force.
(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of
84
Section 20(1)(d) the Act, 2005 specifies that upon appropriate proof, the Court may order the
respondent to pay maintenance to the aggrieved person and to children and further permits the Court to
pass an order of maintenance under the Act in addition to maintenance already granted under Section 125
Cr.p.C.240 Section 20 which provides for grant of monetary relief lays down that while disposing of an
application under Section 12 (1) of the DV Act, the Magistrate may direct the respondent to pay monetary
relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the
aggrieved person as a result of the domestic violence and such relief may include, but is not limited to, -
(a) The loss of earnings;
(b) The medical expenses;
(c) The loss caused due to the destruction, damage or removal of any property from the control of the
aggrieved person; and
(d) The maintenance for the aggrieved person as well as her children, if any, including an order under or
in addition to an order of maintenance under Section 125 of the Cr.p.C, 1973 (2 of 1974) or any other law
for the time being in force.
Sub-section (2) of the Section 20 provides that the monetary relief granted under this section shall
be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person
is accustomed. Subs-section (3) provides that the Magistrate shall have the power to order an appropriate
lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may
require. Sub-section (6) provides that upon the failure on the part of the respondent to make payment in
terms of the order under sub-section (1), the Magistrate may direct the employer or a debtor of the
respondent, to directly pay to the aggrieved person or to deposit with the Court a portion of the wages or
salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards
the monetary relief payable by the respondent.241 Under Sections 18, 19 and 20 of the Act, the Magistrate
living to which the aggrieved person is accustomed.
(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as
the nature and circumstances of the case may require.
(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the
application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides.
(5) The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under
sub-section (1).
(6) Upon the failure on the part of the respondent to make payment in terms of the order under sub-section (1), the Magistrate
may direct the employer or a debtor of the respondent to directly pay to the aggrieved person or to deposit with the Court a
portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted
towards the monetary relief payable by the respondent.
240
Damanreet Kaur v. Indermeet Juneja, (2013) 196 DLT (CNA) 53.
241
Rajab Ali v. Mustt. Manjula Khatoon, 2014 CriLJ 2162.
85
has the power to pass protection orders, residence orders and to grant monetary reliefs. While granting
monetary reliefs, the Magistrate is required to take into account the loss suffered by the aggrieved person
and any child of the aggrieved person as a result of the domestic violence, which may include loss of
earning, medical expense, loss suffered due to destruction, damage or removal of any property and so
forth. Under Section 20(d) of the DV Act, the Magistrate has the competence to grant maintenance to the
aggrieved person as well as her children which may be an order under Section 125 Cr.p.C or in addition to
an order of maintenance under Section 125 Cr.p.C or maintenance granted under any other law. While
providing monetary relief, the jurisdictional Magistrate is required to ensure that the same is adequate,
fair, reasonable and consistent with the standard of living to which the aggrieved person is accustomed.
Such monetary relief can be either by way of a lump sum payment or monthly payment of maintenance,
as the nature and circumstances of the case may require.242
5.7.5. Custody orders-243
Section 21 starts with a non obstante clause. It is evident from the plain language employed in
Section 21 that the Court may, at any stage of hearing of the application for protection order or for any
other relief under this Act, grant temporary custody of any child or children to the aggrieved person, i.e.
mother or the person making an application on her behalf and specify, if necessary, the arrangements for
visit of such child or children by the respondent i.e. father can also be ordered. The proviso attached to
Section 21 stipulates that if the Magistrate is of the opinion that any visit of the respondent may be
harmful to the interests of the child or children, the Magistrate shall refuse such visit. 244 The power of the
Magistrate under Section 21 of the Act becomes crucial which empowers the Magistrate notwithstanding
anything contained in allow any other law for the time being in force, to grant temporary custody of the
child to the aggrieved person at any stage of hearing of the application for protection order or for any
other reliefs under the Act. In essence, therefore, in any proceedings under the Act, the Magistrate is
empowered to grant temporary custody of the child to the aggrieved person. It can be easily appreciated
that the said power assumes significance when looked from angle of wife or any other woman
approaching the Magistrate seeking protection against the domestic violence by husband, his family
242
R. Lalremthanga v. Lalbiakmawii, 2012 (27) RCR (Cri) 66; 2012 (6) Gau L. R. 98.
243
Section 21.Custody orders-Notwithstanding anything contained in any other law for the time being in force, the Magistrate
may, at any stage of hearing of the application for protection order or for any other relief under this Act grant temporary
custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if
necessary, the arrangements for visit of such child or children by the respondent:
Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child
or children, the Magistrate shall refuse to allow such visit.
244
. Sandeep Kumar Thakur v Madhubala, 2016 (5) ILR (HP) 273; 2016 (sup) Him. LR 2611
86
members or other relatives. A small child to a mother is extremely precious. If mother is separated from
her child, her resistance is most likely to break down. It is in this regard that the learned Magistrate is
empowered to pass custody orders, notwithstanding anything contained in any other law for the time
being in force. Such powers of Magistrate read with Section 23 of the Act would include power to pass
interim as well as ex-parte orders. It is, therefore, of great significance and importance that Magistrates
while dealing with the application of an aggrieved person seeking custody of her child deal with the
situation promptly and bearing in mind the objects and purpose of the Act and also bearing in mind that
the mother when separated from the child is likely to agree to any terms and conditions, not to resist
domestic violence from husband or other family members.245
5.7.6 Compensation orders246 -

The Magistrate, in addition to other reliefs, under Section 22 of the Domestic Violence (DV) Act,
can pass an order directing the respondent to pay compensation and damages for the injuries, including
mental torture and emotional distress, caused by the acts of domestic violence committed by the
respondent. The provisions of Section 22 of the Act does not make obligatory on the part of the Court, to
assign specific reason for awarding compensation in addition to any relief. In case Court find that the
aggrieved person, is ill-treated mentally or physically or emotionally distressed in "shared household,"
Court can pass an order of compensation.247
No limitation to file application
Section of the Act is enabling provision to file an application, whereas Sections 18 to 22 of the Act
provide for rights of the aggrieved person to seek different reliefs like protection, residence, monetary
relief, custody of minor and compensation. No limitation has been prescribed for seeking any such relief.
Penal provisions under Section 31 of the Act would get attracted on a breach of a protection order. It is
only in a situation when there is a breach of any protection order on an application under Section 12 or on
any of the reliefs under Sections 18 to 22 of the Act, then and then only, an application under Section 31
of the Act is to be filed within one year from the date of such breach and not thereafter. Therefore, the
Court is of the opinion that there is no limitation prescribed to institute a claim seeking relief under
245
Dhaval Rajendrabhai Soni v. Bhavani D Soni (2011) 108 AIC 519: (2011) 52 (3) GLR 1965: (2011) 1 GLH 719: (2012) 2 E
Cr N 315: (2012) 4 CCC 428.
246
Section 22. Compensation orders. - In addition to other reliefs as may be granted under this Act, the Magistrate may on an
applications being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages
for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that
respondent.
247
. Swapan Kr. Das v. Aditi Das, 2012 (1) Cal CrLR 222, 2012 (2) CHN 815.
87
Sections 17 to 22 of the Act.248
5.7.7. Power to grant interim and ex parte orders.249 –

The scheme of the Section 23 appears to be that under sub-section (2) on the basis of an affidavit,
an ex parte ad interim order without prior notice to the respondent can be passed by the Magistrate in
terms of Sections 18, 19, 20, 21 or 22 of the said Act against the respondent. Sub-section (1) provides for
passing an interim order which is to operate till the final disposal of the main application under sub-
section (1) of Section 12 or till the same is modified earlier. Though a separate application is not
necessary to be made for grant of interim relief, principles of natural justice require that before granting
interim relief in terms of sub-section (1) of Section 23, the respondent in the main application will have to
be heard. Therefore, before granting interim relief under sub-section (1) of Section 23, a notice will have
to be served to the respondent. It is a well-settled position of law that an interim relief can be granted only
in. the aid of final relief which can be granted in the main proceedings.250
5.7.8 Relief in other suits and legal proceedings.251-

Section 26 makes it clear that any relief available under the Act, 2005, may also be sought in any
legal proceedings before the Civil Court, Family Court or Criminal Court, whether such proceeding was
intended before or after commencement of this Act. Similarly, it is also clear from the above provision
that any relief which may be granted under the Act may be sought for, in a suit or legal proceedings
before a Civil Court or a Criminal Court. Sub-section (3) to Section 26 lays down that the aggrieved
person shall be bound to inform the Magistrate of the reliefs obtained by her in any proceedings other
than under the Act, 2005.252
248
Vikas v. Usha Rani, 2018 (2) Law Herald 1150; 2018 (3) RCR (Cri)307.
249
Section 23. Power to grant interim and ex parte orders. - (1) In any proceeding before him under this Act, the Magistrate
may pass such interim order as he deems just and proper.
(2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed
an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may
grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under Section
18, Section 19, Section 20, Section 21 or, as the case may be, Section 22, against the respondent.
250
Abhijit Bhikaseth Auti v. State of Maharashtra 2009 Cri L J 889.
251
Section.26. Relief in other suits and legal proceedings. - (1) Any relief available under Sections 18, 19, 20, 21 and 22 may
also be sought in any legal proceeding, before a Civil Court, Family Court or a Criminal Curt, affecting the aggrieved person
and the respondent whether such proceeding was initiated before or after the commencement of this Act
(2) Any relief referred to in sub-section (1) may be sought for in addition to and along with any other relief that the aggrieved
person may seek in such suit or legal proceeding before a Civil or Criminal Court.
(3) In case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this Act,
she shall be bound to inform the Magistrate of the grant of such relief.
252
Mohit Yadam v. State of Andhra Pradesh, 2010 CriLJ 3751: (2010) 1 ALD (Cri) 1.
88
Section 26 of the Act permits the Civil Court, Family Court or Criminal Court, where any legal
proceeding are pending to grant any of the reliefs available under Sections 18 to 22 of the said Act.
Though Section 28 of the Act provides that all proceeding under Sections 12 and 18 to 23 and for the
offence under Section 31 of the said Act shall be governed by the provisions of the code of criminal
procedure, 1973, sub-section (2) of Section 28 clearly provides that nothing contained in sub-section (1)
shall prevent the Court from laying down its own procedure for disposal of an application under Section
12 or under sub-section (2) of Section 23 of the said Act. In other words, though procedure to be followed
in the said proceedings is that provided under the Code of Criminal Procedure, the Magistrate can still lay
down his own procedure while dealing with the applications under sub-section (1) of Section 12 or while
considering grant of interim or ex parte ad interim relief orders under sub-section (2) of Section 23 of the
Act. Thus whole purpose of this legislation appears to be to provide for a smooth machinery to ensure
justice to oppressed women by cutting through legal red-tapism and passing such orders as may be found
necessary in the interest of justice in the facts of the case. 253 It is not necessary that relief available under
Sections 18, 19, 20, 21 and 22 can only be sought for in a proceeding under the Act, 2005. Any relief
available under the aforesaid provisions may also be sought for in any legal proceeding even before a
Civil Court and Family Court, apart from the Criminal Court, affecting the aggrieved person whether such
proceeding was initiated before or after the commencement of the Act. Even before the Criminal Court
where such case under Section 498-A is pending, if allegation is found genuine, it always open to the
appellant to ask for reliefs under Sections 18 to 22 of the Act and interim relief under Section 23 of the
said Act.254
Legislative Response to the women's fights against the oppression in the country met
positive feedback with the passage of 'The Protection of Women from Domestic Violence Act 2005'
which was finally passed before Loksabha in the monsoon session. The essence of the Act is to provide a
quick, easy and affordable civil remedy in the form of a protection order for incidences of stalking and
other violence activities. Constitution itself provides for making special provision for women and
children, that there could be no special treatment for women is totally untenable. In tune with Article
15(3) of the Constitution of India, the State has thought it fit to frame a special Legislation for women and
thus, the Protection of Women from Domestic Violence Act, 2005 came into force.
253
Jaydipsinh Prabhatsinh Jhala v. State of Gujarat, 2010 CriLJ 2462. 516.
254
Juveria Abdul Majid Patni v. Atif Iqbal Mansoori, (2014) 10 SCC 736.
89
The widest definition in the Act is a legislative mechanism to protect a woman and provide her
appropriate relief of residence besides providing her monetary relief. The Act has tasked government to
provide legal aid, medical services, and shelter homes for victims of domestic violence and also provides
various provisions which regulate the state not only to provide legal or medical services but also to
appoint functional officers and service providers to help victims of domestic violence and to protect the
rights of victims. Thus present law of the Act is definitely a step ahead in providing protection to woman
than the existing laws like Hindu Adoption and Maintenance Act, 1956, which in Chapter III and in terms
of Sections 18 to 28 do provide for some protection to woman against vagaries of life.
The object of the Act is that victim lady should be enabled by law to live in a family atmosphere at
her matrimonial house and hence, for the same reason the provisions of the Act is materially interpreted
by judiciary to meet the demands of justice and to give proper relief to the victim.
90
Chapter 6:
CRITICAL ANALYSIS ON EFFICACY OF “PROTECTION OF WOMEN FROM

DOMESTIC VIOLENCE ACT” 2005.
6.1 Introduction
The Protection of women from domestic violence Act 2005 was enforced in 2006, after
several years of struggle by women’s movement and was welcomed by women all over the country
as a bundle of hope because of its supportive network towards victims. The Act was made on the
basis of special provision for women under Indian constitution.
And the same is appreciated and also criticized on various merits and demerits. On one side
the Act deals with legal recourse for domestic violence in both civil and criminal nature. And the
definition under the Act is not limited to marital relation but also of other domestic relations and
relation which are in the nature of marriage and so on.
The Act in recent times is tend to be misused therefore, further analysis tries to scrutinize
procedural loopholes where the provisions are tend to be misused. This chapter deals with all
substantial lacunas of the Act and the statistical analysis on the efficacy of the Act as to whether the
act is adequate to mitigate the domestic violence on women.
6.1 Critical and analytical overview of the Act by judiciary
91
Various studies and reports have attempted to bring domestic violence into public discourse.
According to a 2014 research by the United Nations Population Fund and the International Center for
Research on Women, 60% of males had used physical, economic, emotional, or sexual abuse against their
wife or partner. Emotional violence was the most common type of violence, with 41% of males
confessing to using it on their spouses or partners at some point.
In 2014, the National Crime Records Bureau created a category for PWDVA offences, and 426 cases
were reported. This number grew to 461 in 2015. In 2015, there were 7,634 dowry deaths reported, as
well as 113,403 incidences of cruelty against a woman by her husband or his relatives.
 Shared Household—The Batra Decision: The S.R. Batra v. Taruna Batra255 case, decided on
December 15, 2006, was one of the first Supreme Court judgements defining a shared household. In
this case, the court limited the definition of a shared household under the PWDVA to property owned
or rented by the spouse. The Supreme Court held that the statute could not be read so broadly that it
would result in "societal catastrophe."“It’s the single most important disaster in the field of domestic
violence from the Supreme Court," said Indira Jaising, senior advocate and a former additional
solicitor general of India and a pioneering force behind the law. “That judgment needs to go."
One of PWDVA's key goals was to secure a woman's housing; it didn't matter if she didn't have title
or ownership of the shared household. A magistrate can issue a residency order. According to Sen.
Feinstein, courts across the country might utilize the apex court's decision to evict a woman from her
shared household.
The judiciary has analyzed and interpreted the Act according to circumstances and facts of the cases in
such a way that there is an effective application of the provisions of the Act to protect women. Some
instances are as follows:
 In D.Velluswamy Vs D. Pechiammal256, the court discussed certain pre-requisites for live-in

relationship to be considered as valid. The court held that not all relationships will amount as in the
nature of marriage and get benefit of the domestic violence Act.
 In Deoki Panjhiyara v. Shashi Bhushan Narayan Azad,257 the Supreme Court has interpreted and
defined the object of the Protection of Women from Domestic Violence Act, 2005, Section 12 vis-a-
255
S.R. Batra v. Taruna Batra App (C) 5837 of 2006
256
D.Vellusamy vs. D. patchammal. (2010) SC: MANU/SC/0872.
257
Deoki Panjhiyara v. Shashi Bhushan Narayan Azad (2013) 2 SCC 137.
92
vis Hindu Marriage Act, 1955, Section 11. In this case, on application, interim maintenance was
granted by Trial Court, affirmed by Sessions Judge and against which, writ was filed by husband
before High Court and also revision application by husband that the marriage between the appellant
and the respondent was null and void. The High Court held that the appellant was not the legally
wedded wife of the respondent and she was not entitled to maintenance granted by the learned lower
courts. The Supreme Court on appeal by the appellant-wife held that in the present case until the
invalidation of the marriage between the appellant and the respondent is made by a competent court, it
would only be correct to proceed on the basis that the appellant continues to be the wife of the
respondent so as to entitle her to claim all the benefits and protection available under the Domestic
Violence Act, 2005 and held that the interference made by the High Court with the grant of
maintenance in favour of the appellant was not justified and, hence, the Supreme Court had set aside
the order of High Court.
The Supreme Court also held that if according to the respondent, the marriage between him and
the appellant was void on account of the previous marriage between the appellant and Rohit Kumar
Mishra, the respondent ought to have obtained the necessary declaration from the competent court in
view of the highly contentious questions raised by the appellant on the aforesaid score. It is only upon
a declaration of nullity or annulment of the marriage between the parties by a competent court that any
consideration of the question whether the parties had lived in a “relationship in the nature of
marriage” would be justified. In the absence of any valid decree of nullity or the necessary
declaration, the Court will have to proceed on the footing that relationship between the parties is one
of marriage and not in the nature of marriage. We would also like to emphasis that any determination
of the validity of the marriage between the parties could have been made only by a competent court in
an appropriate proceeding by and between the parties and in compliance with all other requirements of
law. Mere production of a marriage certificate issued under Section 13 of the Special Marriage Act,
1954 in support of the claimed first marriage of the appellant with Rohit Kumar Mishra was not
sufficient for any of the courts, including the High Court, to render a complete and effective decision
with regard to the marital status of the parties and that too in a collateral proceeding for maintenance.
This view is too harsh on the husband where courts have held the women not to be legally wedded
wife. The decision of the Supreme Court requires rethinking.
93
 It goes without saying that in Shyamlal Devda v. Parimala258, the Court has once again reiterated that
provisions of Section 482 of Cr.p.C can be invoked for quashing the complaints under the Domestic
Violence Act. The person aggrieved has been explained and the maintainability of the complaint
makes it clear that domestic violence complaint can be lodged or filed in the Court where the person
aggrieved permanently or temporarily resides or carries out his business or is employed. Objections,
so as to challenge the jurisdiction of the Metropolitan Court of Bangalore, were turned down against
the husband and parents-in-law.
 The Supreme Court in Hiral P. Harsora v. Kusum Narottamdas Harsora259 has held that:

I. “A cursory reading of the statement of objects and reasons makes it clear that the phenomenon
of domestic violence against women is widely prevalent and needs redressal. Whereas criminal
law does offer some redressal, civil law does not address this phenomenon in its entirety. The
idea therefore is to provide various innovative remedies in favour of women who suffer from
domestic violence, against the perpetrators of such violence;
II. It is not difficult to conceive of a non-adult 16 or 17- year-old member of a household who can
aid or abet the commission of acts of domestic violence, or who can evict or help in evicting or
excluding from a shared household an aggrieved person;
III. The impugned judgment of the Bombay High Court was set aside and it was declared that the
words ‘adult male’ in Section 2(q) of the Act, 2005 will stand deleted since these words do not
square with Article 14 of the Constitution of India. Consequently, the proviso to Section 2(q),
being rendered otiose, also stood deleted.”
 The Supreme Court in the latest decision of Satish Chander Ahuja case260has enlarged the scope of
matrimonial home. The decree of the Trial Court was set aside by the High Court and the order was
remanded for fresh adjudication. The author has been very critical about remand of the matters but
this was a case which was arisen from interim relief.
 A reference to the judgment in Neelam Gupta v. Mahipal Sharan Gupta, 261 goes to show that in the
matrimonial matters, the Court has held that women would be entitled to a shared residence in lieu
thereof husband should provide her with a suitably reasonable accommodation. The protection order
258
Shyamlal Devda v. Parimala (2014) 12 SCC 362.
259
Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165.
260
Satish Chander Ahuja v. Sneha Ahuja 2020 SCC Online SC 841.
261
Neelam Gupta v. Mahipal Sharan Gupta, 2020 SCC Online SC 422.
94
was granted but disposed of way back on 17-6-2008 by Mahila Court. The Supreme Court disposed of
the appeal with certain directions as the matter was mediated and the parties have decided to part
away by filing a petition under Section 13-B of the Hindu Marriage Act. This shows that mediation is
an alternative remedy applicable to such litigation also.
 The decision of the Supreme Court in Aishwarya Atul Pusalkar v. Maharashtra Housing & Area
Development Authority262 goes to show that the Court has interpreted the term “shared household” and
by alienating any immovable assets would defeat right of a victim lady which would be described as
domestic violence. The Court again reiterated and directed the lower courts to take proper decision as
the lady was permitted to retain the possession of the residential accommodation and pay the rent and
the Housing Board was directed not to disturb her residence.
 In Suo Moto v. State of Gujarat263, it was discovered that some tormented women were urged to wait
three months before submitting because over 800 petitions were outstanding due to the severely
diminished number of protection officers provided in the districts. It was noted that:
“(A) First, only one Protection Officer was found to be functioning in Ahmedabad District. The
situation in other districts was worse.
(B) Secondly, the basic amenities and facilities were not provided to the Protection Officers in
order to perform their duties and obligations under the Act. Most of them do not have a proper
place of work with minimal infrastructure and staff.
(B) Thirdly, the timely payment of salary was not being done to the Protection Officers.
(D) On account of the dearth of Protection Officers, the complaints filed by women in several
areas remained pending for a long time and without being attended. Only one protection officer
was allocated to the whole district of Ahmadabad that too with deficient facilities and was unable
to perform his duties and obligations.”
All these decisions are related to domestic violence. As mentioned earlier, judgment of the
Supreme Court holding that the wife would have the right of maintenance which would partake even it the
right to residential home.
262
Aishwarya Atul Pusalkar v. Maharashtra Housing & Area Development Authority 2020 SCC Online SC 408.
263
2013 (2) GLR 1047.
95
Judicial view on Misuse of the Act
There are many instances where the provisions of the Act which are made for the protection of
women are misused for petty revenges and settle score. The laws which are meant for protecting if abused
and used as a dominating instrument then the very object of the Act is itself lost and it becomes hard for
honest implementation of the Act.
There are few cases which prove that there is misuse and abuse of the Act:
a. Shushil Kumar Sharma vs. Union of India 264 has observed that by misuse of the provision a New
Legal Terrorism can be unleashed. Now comes the question can laws made in context to protection of
women be misused? To answer this question the Honorable Supreme Court in a case made an observation
that “Unfortunately a large number of these complaints have not only flooded the courts but also have led
to enormous social unrest affecting peace, harmony and happiness of the society”
b. In Anoop and others Versus Vani Shree265 it was observed that law with regard to Protection of
Women from Domestic Violence Act is being used to terrorise the husbands, their families and distant
relatives and this phenomenon has now acquired the name of 'Legal Terrorism' and rightly so given the
extent of its misuse particularly against the distant relatives of the husband. It was observed that the
phrase 'domestic violence' has to be understood in context of 'domestic relationship' and 'shared
household' and therefore, the reliefs as aforesaid are meaningful only against the persons with whom the 6
of 7 person aggrieved shares a 'domestic relationship' and a 'shared household'.
c. In the case of Major Singh & Anr. v. Sarabjit Kaur,266the wife filed a false complaint against her
husband because she was having an extramarital affair. She tried to threaten her husband but her husband
filed for divorce. The judgment passed by the Punjab High Court was that Protection of Women from
Domestic Violence Act is being misused to terrorize the spouse, their families and distant relatives and
this phenomenon has now acquired the name of ‘legal terrorism'.
d. In the case of Smt. Geetanjali v. Sri B.B. Anantha,267 the wife filed a false complaint against her
husband to acquire property from him. The facts of the case show that the wife was tortured by her
husband she didn't get proper treatment but after the investigation, it was found that the case is a false and
Metropolitan Magistrate, Bangalore passed the judgment by stating that, it is noted that testimony of the
complainant woman throws light on the conduct of the complainant and the extent, to which she has
264
Shushil Kumar Sharma vs. Union of India AIR 2005 SC 3100.
265
Anoop and others v. Vani Shree, 2015(2) RCR(Civil) 1035.
266
Major Singh & Anr. v. Sarabjit Kaur,2018 CRM-M-34824-2015.
267
Smt. Geetanjali v. Sri B.B. Anantha,2018 INDIAN KANOON-http://indiankanoon.org/doc/149825429.
96
falsified and concocted various allegations and has suppressed important facts in order to harass her
husband and parents-in-law and had misused the Protection of Women from Domestic Violence Act 2005
as a tool to extort unjustified money from her husband for unjustified for personal gain.
e. Similarly, in the case of Bawinder Singh v. Richa Sharma,268 the judgment was passed by the
Punjab High Court and it was held that it has been observed that the Protection of Women from Domestic
Violence Act, 2005, suffers from inherent flaws which tempt women to misuse their provisions and men
to dread being prosecuted under law without any rhyme or reason. The court observed that the notable
flaw in this law is that it lends itself to such lazy misuse that women will find it hard to resist 8 of 9 the
temptation to teach a lesson to their male relatives and will file frivolous and false cases.
The lacunas of the Act should not become the reason to dismiss the need of the Act in Indian society
because even though there is misuse or abuse of the Act judiciary should not ignore the higher rate of
dowry death and domestic violence against women. However, it is duty of the courts to looks into the
facts of the case in exaggerate misuse and to uphold the object of protection of victim.
In the case of Krishna Bhattacharjee v. Sarathi Choudhury and Another 269, the Apex Court while
elucidating on the duty of courts while deciding complaints under the Domestic Violence Act stated that:
I. it is the duty of the Court to scrutinize the facts from all angles whether a plea advanced by the
respondent to nullify the grievance of the aggrieved person is really legally sound and correct.
II. the principle “justice to the cause is equivalent to the salt of the ocean” should be kept in mind.
The Court of Law is bound to uphold the truth which sparkles when justice is done.
III. Before throwing a petition at the threshold, it is obligatory to see that the person aggrieved under
such a legislation is not faced with a situation of non-adjudication, for the Act as we have stated is
a beneficial as well as assertively affirmative enactment for the realization of the constitutional
rights of women and to ensure that they do not become victims of any kind of domestic violence.
Hence, from all these cases it is evident that the Act lacks in inbuilt safeguard against its abuse and
anxiety of probable misuse of the Act by undeserving applications was reflected in some cases and the
trial courts were cautioned to be vigilant against such frivolous cases.
268
Bawinder Singh v. Richa Sharma,2018 CRM-M-11712-2015
269
Krishna Bhattacharjee v. Sarathi Choudhury and Another 2016 2 SCC 705.
97
6.3 The Statistical Analysis on efficacy of the Act
Over the last several years, the problem of gender-based violence has raised to the top of India's
policy agenda. And it confirms one thing with considerable data: domestic violence against women is a
reality in India. According to the National Family Health Survey (NHFS-4) released by the Union health
ministry, every third woman in the country has experienced domestic abuse in some form since the age of
15. As a result, a fresh wave of debate about the cultural roots of domestic violence has erupted.
According to the poll, 27% of women in India had been subjected to physical assault since they were 15
years old. Women in rural settings are more likely than women in metropolitan areas to have experienced
physical violence. Domestic violence instances in rural and urban areas, where women reported physical
abuse, were 29 percent and 23 percent, respectively. Indian women reported more domestic violence
reports during the first four phases of the COVID-19-related shutdown than in a similar period in the
previous ten years. However, this outlier is simply the tip of the iceberg, as 86 percent of women in India
who are victims of domestic violence do not seek help. According to a research 27088.5 percent of the
victims were unaware of the existence of redress mechanisms under the PWDVA. And during this time of
pandemic, when the majority of the population is at home and may be informed about their rights due to
an increase in TV viewing. In reality, Section 11 of the PWDVA requires the federal government and
each state government to certify that the Act's requirements are regularly publicized through various
media, including television, radio, and print. As a result, the administration now has a good chance of
using this provision.
6.3.1. Alarming rise.
The number of complaints of domestic violence received by national commission for women rose
sharply from 2,960 in 2019 to 5,297 in 2020. Women reported 1,477 incidents of domestic violence
between March 25 and May 31, 2020. More complaints were received in this 68-day period than in the
previous ten years between March and May. This was the effect of Covid-19 as all the people were bound
to stay at home and they had no other to indulge into. What India rather the world has seen during that
phase was something that men have never experienced in life. Due to the lockdown people were getting
270
Sohini Bhattacharya, ‘Time to Ring the Bell on a Shadow Pandemic’
98
financially weak which added to the increase in cases of Domestic Violence as a result of anger and
frustration among people.
The graph above shows the hike in reporting of complaints under National commission for women against domestic
violence in the year 2019-20. 271
6.3.2. State-Wise Numbers
The graph compares the number of domestic violence complaints filed under National commission for
women in a given state to the number of complaints filed per one million women till 2020. 272
Uttar
Pradesh remained on the top in recording the cases of Domestic violence. However, in many states till
today people do not have that courage to come forward and raise the voice against such acts. One of the
reasons is fear of their partner and the other reason is lack of trust in our legal system and the
ineffectiveness of the laws implemented.
271
Sourced from National commission for women quoted in Vignesh Radhakrishnan,Sumant Sen, Naresh Singaravelu,
Domestic violence complaints at a 10-year high during COVID-19 Lockdown, THE HINDU ,June 24, 2020
272
Sourced from National commission from women. quoted in Vignesh Radhakrishnan,Sumant Sen, Naresh Singaravelu,
Domestic violence complaints at a 10-year high during COVID-19 Lockdown, THE HINDU ,June 24, 2020
99
6.3.3 Buried In Silence
Approximately 86 percent of women who were victims of violence never sought help, and 77
percent of the victims never told anybody about the incident(s). The chart reveals that women who have
experienced both physical and sexual assault seek help more frequently than women who have
experienced only one type of abuse. 273
Type of violence Never told Told someone Sought help

anyone from a
source
Physical 79.5 9.0 11.6
Sexual 80.6 9.5 9.8
Physical and sexual 61.3 9.9 28.8

273
Vignesh Radhakrishnan,Sumant Sen, Naresh Singaravelu, Domestic violence complaints at a 10-year high during COVID-
Total
19 Lockdown, THE HINDU ,June 24, 2020 76.6 9.1 14.3
100
In major states, more than 70% of women who experienced physical assault did not seek help or notify
anyone about it. Less than 20% of women who were physically abused sought help in the states indicated.
6.3.4. Under Reporting
Only 7% of the 14.3 percent of victims who sought aid went to the appropriate authorities, such as
the police, doctors, lawyers, or social service organizations. However, more than 90% of the sufferers
turned to their immediate relatives for assistance. It is important to note that the NFHS responses might
also be subject to biases if the survey is conducted in the presence of other household members or if the
respondent is unsure of the consequences of her response. Despite this, due to the absence of inhibiting
factors associated with the actual filing of the complaint, under-reporting is likely to be lower in NFHS
than statistics from the NCRB.
NFSC-5 2015-16
STATE SPOSUAL PHYSICAL SEXUAL

VOILENCE VIOLENCE VOILENCE
(18-49) (18-49) (18-29)
Andaman & 18.4 3.2 2.9
Nicobar
Andhra 43.4 4.9 6.8
Pradesh
Assam 24.5 2.0 5.8
Bihar 43.7 4.8 14.2
Daman & diu 30.0 5.4 6.4
Goa 12.9 1.6 1.3
Gujarat 20.2 1.9 5.2
Himachal 5.9 1.5 2.8
Pradesh
101
Jammu & 9.4 1.3 3.1
Kashmir
Karnataka 20.6 6.5 10.3
Kerala 14.3 1.2 5.0
Lakshadweep 8.9 0.0 2.5
Ladakh 8.5 0.0 1.2
Maharashtra 21.3 2.9 2.9
Meghalaya 28.8 0.4 5.1
Manipur 53.2 3.4 14.0
Mizoram 17.1 2.1 4.0
Nagaland 13.1 1.5 7.6
Sikkim 2.6 0.4 1.4
Telangana 42.9 5.9 7.4
Tripura 28.1 2.3 10.2
West Bengal 33.1 5.0 8.9
Average 22.7 2.4 5.7
Sourced from National family health survey report 2015-16: stark reality of different violence
present among different states in percentage
NFSC-5 2019-20
STATE SPOSUAL PHYSICAL SEXUAL
VOILENCE VIOLENCE VOILENCE
(18-49) (18-49) (18-29)
Andaman & 17.2 0.3 1.8
Nicobar
Andhra 30.0 3.8 3.7
Pradesh
Assam 32.0 2.3 8.0
Bihar 40.0 2.8 8.3
Daman & diu 16.8 4.3 4.3
Goa 8.3 1.6 4.6
Gujarat 14.0 1.6 3.6
Himachal 8.3 0.6 2.5
Pradesh
102
Jammu & 9.6 1.2 4.0
Kashmir
Karnataka 44.4 5.8 11.0
Kerala 9.9 0.5 1.6
Lakshadweep 1.3 0.0 0.8
Ladakh 18.1 1.1 8.7
Maharashtra 25.2 3.3 6.2
Meghalaya 16.0 1.6 6.7
Manipur 39.6 2.9 5.4
Mizoram 10.9 0.7 2.0
Nagaland 7.4 0.4 1.9
Sikkim 13.1 1.9 3.2
Telangana 37.9 4.0 5.0
Tripura 20.7 2.1 8.0
West Bengal 27.0 3.5 9.7
Average 23.2 2.09 5.9

Sourced from National family health survey report 2019-20: stark reality of different violence
present among different states in percentage
The NFHS-5 also echoes the stark reality of domestic violence in India: 44% of women in
Karnataka have experienced spousal violence, followed by Bihar (40%), Manipur (39.6), Telangana
(36.9), Assam (32%), and Andhra Pradesh (30%). Lakshadweep (1.3%), Nagaland (6.4%), Goa (8.3%)
and Himachal Pradesh (8.3%) have the lowest violence among all the states surveyed. Comparing these
estimates with the proportion of women who have filed complaints under Section 498A of the IPC, we
note that there is systematic under-reporting of incidents of domestic violence in 14 of the 20 or 70% of
the states. The largest under-reporting seems to be occurring in Bihar, Karnataka and Manipur, where
the prevalence of domestic violence is around 40% or higher, while reporting is less than 8%. Assam,
Andhra Pradesh, Kerala, Telangana Tripura, and West Bengal have higher percentages of case filings
than the self-reported incidences of domestic violence. The merits of under reporting of cases are of
urgent need which can’t be analyzed trough NCRB. 274
6.3.6. Data Collected NCRB under the prevention of domestic violence Act
274
Payal seth. Decoding the extent to which domestic violence is under reported in India ,THE WIRE(Feb/12/2021)
103
According to this 2017 Lok Sabha answer, despite the fact that domestic abuse legislation was
introduced in 2005, the National Crime Records Bureau only began collecting data under the statute in
2014.Today, data gathered by the National Crime Records Bureau under the Protection of Women from
Domestic Violence Act only includes criminal violations of court orders issued under the act, such as
violating a protection order issued by the court while the case is pending. According to data, the number
of cases filed under the Protection of Women from Domestic Violence Act grew by from 426 in 2014 to
461 in 2015 and the same showed a hike in year 2018 and 2019. The following tabulation is sourced from
the data collected from NCRB regarding the number of cases filed under the Act from year 2014 to
2020275
PWDVA 2005
Year No of Crime rate per

cases lakh population
2014 426 0.1
2015 461 0.0
2016 437 0.1
2017 616 0.1

2018 579 0.1
2019 553 0.1
2020 446 0.04
Furthermore, under the Protection of Women from Domestic Violence Act, instances involving
protection from a husband or relative, as well as maintenance in situations of domestic violence, are
registered directly with the court and are not recorded by the National Crime Records Bureau. Despite
repeated attempts by women's rights organizations, this data on court cases has remained inaccessible.
According to data, the National Crime Records Bureau filed more than103272, 124934 and 111549 cases
under the section titled "cruelty by spouse and family" in 2018, 2019 and 2020 respectively up from
roughly 63,000 instances filed in 2006.
275
104
At the end of 2015, 35,260 (83 percent) of the 42,410 dowry deaths cases filed in 2015 and left over
from 2014 were still pending, as were 11,319 (99.9%) of the 11,320 cases recorded under abetment of
suicide, 44,4367 (83 percent) of the 534,431 cases filed under cruelty by husbands and his relatives, and
846 (99.8%) of the 847 cases filed under the Protection of Women from Domestic violence were still
pending.
6.3.7. Numbers may not reflect reality
Rather than an increase in the number of crimes, the increase in the number of instances could be
due to an increase in reporting of such crimes as awareness of the law rises and more women are
empowered to report abuse to the police.
It's uncertain whether the National Crime Records Bureau's data reflects actual domestic
violence trends. According to the National Family Health Survey-4, about 30% of married Indian women
between the ages of 18 and 49 reported experiencing marital abuse at least once. Only 7% of the 14.3
percent of victims who sought aid went to the appropriate authorities, such as the police, doctors, lawyers,
or social service organizations. However, more than 90% of the sufferers turned to their immediate
relatives for assistance. It is important to note that the NFHS responses might also be subject to biases if
the survey is conducted in the presence of other household members or if the respondent is unsure of
the consequences of her response. Despite this, due to the absence of inhibiting factors associated with
the actual filing of the complaint, under-reporting is likely to be lower in NFHS than statistics from the
NCRB. However, Between January and May of 2021, the National Commission for Women received
almost 2,300 domestic violence accusations, the most in any year since 2000.
6.4 Substantial and procedural lacunas in the Act .
The Act has many substantial and procedural lacunas which act as hurdle in effective
implementation of the Act. After going through the above case laws and Statistical analysis it is evident
that lack of implementation and inbuilt safeguards in the Act gives space to inadequacy to mitigate the
domestic violence against women and filing of frivolous cases for ill motives respectively. With such
experience it is also evident that much attention wasn’t paid by the legislators while framing the
provisions of the Act. The following loopholes may be the reason for inadequate efficacy, abuse and
105
misuse of the Act:
6.4.1 Wider definition:
The definition under the Act is very wide which gives space for manipulations. The term “verbal”
and “emotional” are very vague that even mere insults may be included as abuse and the term “abuse”
explained under the Act itself depends on the subjective satisfaction of the protection officer or
magistrate and not on actual commitment of the violence.
It is the growing tendencies among the women in urban areas to take recourse of legal provisions and
harass the in-laws, in a case Neetu Mittal v Kanta Mittal276 Applicants were living separately from their
son and daughter-in -law. The aggrieved person and her husband had agreed '' to shift to a different house
under a compromise arrived at the police station but refused to do so by asserting that she had a right to
stay in the matrimonial home, and the other house was not habitable. The respondents in response filed
civil suit to restrain the woman and her husband form forcibly entering and disturbing their peaceful
possession. Upholding the contentions of the in-laws court demonstrated sensitivity and understanding
reality of the situation to hold that the son can live in the house of the parents as a matter of right only if
the house is ancestral in which his share can be enforced through partition. However where the property
is self-acquired the son had no legal right, irrespective of his marital status. During the relations being
cordial the parents might have allowed him, it does not mean that the parents have to bear his burden
throughout the life. It was also observed that there is no legal liability on the parents to continue to
support the disobedient son or a son who becomes liability on them and who becomes a source of
nuisance for them. The urban woman might even use the Act as a weapon against her husband in case of
disagreements
6.4.2 Loopholes in its implementation
Lack of empowered authorities in practicality: In what manner is this Act viewed by Protection
officers, police officers, judiciary and government is another important aspect with respect to
implementation of the Act.
This is best illustrated by the fact that almost a decade after it came into existence, Protection
Officers (POs) who form the lynchpin of the implementation structure are yet to be appointed in each
district as envisaged by the Act. It is these POs who should be responsible for filing domestic violence
complaints, helping the victim approach a magistrate, accessing medical aid and counseling, and ensuring
276
Neetu Mittal v Kanta Mittal MANU/DE/1415/2008 equivalent citation 152 (2008)DLT 691
106
implementation of the court’s orders. The Act allows for the creation of cadres of POs from the ground
up, opening the possibility of a network of support and assistance systems for women. Yet how little
importance is given to these stakeholders is borne out by a March 2013 response in the Lok Sabha
according to which of the 6279 POs appointed across the country, only 125 were independent
appointments. The remainder bore this responsibility in addition to other work (such as social welfare).
“Every time we have tried to find out the reason for non-appointment of POs from the concerned officials,
we have received a standard answer that they are stuck because of delays by the finance department,” This
is despite the fact that the Act originally envisaged 50 per cent matching central assistance (since then
raised to 75 per cent) for the appointment of full-fledged POs and supporting staff.277
Proceedings In camera:
Section 16 of the Act allows the magistrate to hold proceedings in camera if either of the party so
desires. Even though the present provision is made to benefit the women but in actual practice it is
possible to be misused by the other party. Sometimes the whole court might be against women then it
might be difficult for women to speak her problems out against respondent and it might end up supporting
the respondent.
The provisions found violative of the "due process of law" in the following situations:278
1) In permitting the passing of 'ex-parte' orders.
2) In granting the power to magistrate to pass orders without laying down any rule of evidence or
procedure.
3) In granting a power to the magistrate to conclude that an offence under sec 31 has been
committed, upon the sole testimony of the aggrieved person.
Violative of public policy:
The Act does not speak about time limitations to file a case and the reason for the same may be that
domestic violence might be “Continuous offence” but no period limitation for filling a suit by women can
violate rule of public violence.
Jurisdiction under Section 27 of the Act279:

277
Puja Awasthi, Women / Tackling Domestic Violence, INDIA TOGETHER (Sep/26/2021 6:30 AM)
https://indiatogether.org/protection-of-women-against-domestic-violence-act-loopholes-women
278
Narwadkar, Pooja Prashant, A critique of the protection of women from domestic violence act
2005,SHODGANGA@INFLIBNET(Sep/26 6:59 AM)http://hdl.handle.net/10603/149089.
279
The Protection of Women from Domestic Violence Act, 2005 NO. 43 OF 2005 [13th September, 2005.] sec 27
107
The provision empowers magistrate to pass order even if the aggrieved person is a temporary
resident of the jurisdiction. This provision might be used to harass the other person by choosing a place
where the other party is not residing.
6.4.3 Illiteracy and Ignorance of Pro-women laws.
Most of the women from rural places are neither aware of their right nor aware of the law which is
available for their rescue and protection. Illiteracy is also another hurdle for no active implementation of
the Act. There are also cases where women working with high profile might also be victims of Domestic
violence but even they are unaware of these pro-women laws. Due to which even though there is rising of
domestic violence cases actual reporting of the case is less.
6.4.4 Reporting of fake cases:
On one side if there is no reporting of actual cases of domestic violence even though its increasing
day by day on the other side there is an increase in fake reporting of the cases and frivolous complaints to
harass the men or relatives for the sake of revenge taking and ill motives. This is not the case always but
this need is to be cured. However, the chances are low to find whether the case is bonafide fake or not.
Hence there is no proper machinery in order to analyses and investigate whether the case reporting is fake
or not.
6.4.5 Medical facilities:
The Act considers that there should be medical facilities and treatment made available to victims of
domestic violence. But the actual problem start with the government hospitals which lacks in
infrastructure and proper medical aid and if the treatment are given through private hospitals then the
question arises has to who will pay the medical expenses?
6.4.6 Law is based on wrong assumptions:
The law is a legislative effort to incorporate the framework of Vienna Accord of 1994 and the
Beijing declaration and the platform for Action (1995) that the domestic violence is a human right issue
beyond doubt. Even though, the Act is a milestone in the field of women empowerment. Law is based on
wrong assumption that the women will only be ultimate victims of domestic violence because there are
also few instances where men are suffered from mental harassment from women like daughter-in- law
harassing father-in-law or wife harassing husband. The law is women centric in such a way that even
under Sec 18 the term child does not include aggrieved male child.
108
A Single Judge Bench comprising of Anand Byrareddy, J. allowed a criminal petition filed by a Muslim
male holding that he was entitled to invoke the provisions of Protection of Women from Domestic
Violence Act 2005 (DV Act).The petition was filed under Section 482 CrPC by the petitioner, a male.
Being aggrieved by certain acts of his wife and her family, the petitioner invoked the provisions of DV
Act. Learned City Civil and Sessions Judge was not impressed by the action brought on behalf of the
petitioner as in his opinion, the Act was heavily loaded in favor of women and it does not contemplate
any male member being aggrieved by domestic violence. Feeling aggrieved, the petitioner approached the
High Court. n order to settle the issue, the High Court relied on the Supreme Court decision in Hiralal P.
Harsora v. Kusum Narottamdas Harsora, (2016), wherein the Hon’ble Court had struck down a part of
Section 2(a) of DV Act holding it to be violative of Article 14 of the Constitution, and the phrase ‘adult
male’ as appearing in Section 2(q) stood deleted. The High Court observed that if the said sub-section is
read after deletion of the expression ‘adult male’, it would appear that any aggrieved person, in terms of
DV Act, whether male or female, is entitled to invoke provisions of the Act. Having stated thus, the High
Court held that petitioner’s complaint could not have been trashed merely on the ground that the Act does
not contemplate provisions for men. The petition was accordingly allowed.280
Update: By an order dated 28.04.2018, Byrareddy J. withdrew the above-mentioned order and restored
the petition to the file.
The order reads as – “Notwithstanding Section 362 of Cr.P.C. the order rendered by this Court earlier
on 18.04.2018 is found to be patently erroneous and therefore the order is withdrawn. The petition is
restored to file and the registry is directed not to web host the order passed earlier and to take note of
the fact that the order is withdrawn.”281
The withdrawal of the order by justice Byrareddy again create an impression among the public that the
Act is male prejudiced. For strong future of the Act the present impression should be removed from the
minds of the people by bringing balance under the legislation.
6.4.7 Lack of evaluation and monitoring assessment of success and failure of previous 'Pro-
Woman' social legislation.
Since independence and after coming into force of the Indian Constitution various legislations for
280
[Mohd. Zakir v. Shabana, Crl. Petition No. 2351 of 2017, dated 18.04.2018]
281
Mohd. Zakir v. Shabana, Crl. Petition No. 2351 of 2017, dated 28-04-2018
109
the women well-being and empowerment are passed with gender sensitive attitude. If the number of
legislations passed in the country is viewed seriously there is strong a hope for the dignified position of
women, but the experience until today is not encouraging due to the weak implementation and lack of
strong political will. This has not proved successful. Flavia Agnes, Who has raised a very pertinent
question in this regard. She said "while celebrating this enactment, it is an opportune moment to pause
and reflect on why and how several pro-women legislations in the past have failed to protect women. Also
to examine what are the provisions in this new legislation that sets it apart and elevates this over all the
pro- women legislations of the past two decades and to raise some uncomfortable questions. Are we going
round in circles and entangling ourselves in further legislative entanglements?"282
The Chapter has focused on analyzing three important aspects. First of all the chapter deals with
analytical overview of the Act by judiciary which focus on judicial interpretations. Such interpretations
are made by judiciary to make sure that the object of the enactment is achieved and the rights of women
victims are protected. Secondly, the critical view of the courts as to misuse of certain provisions for
harassment of male or other relatives of family by women which makes it clear that the legislators have
not concentrated on possibility of misuse of the Act and there is lack of inbuilt safeguards in the Act
against its abuse. Thirdly, statistical analysis collected from various sources like National crime record
bureau data, National Family Health Survey and National Commission Reports.
It is clear from the preceding examination of case legislation and discussions with experienced
citizens that there has been a great deal of haste in putting the Act into action. The more disturbing
problem is that there are many more locations where the bestowal of significance of the Act falls far short
of - ‘what it should get.' “None of the Courts has been able to achieve the Protection of Women from
Domestic Violence Act provision of a timeline of 60 days for passing of orders, and this generates delays
in justice,” according to a Lawyers Collective report. So, it appears that it is not only the governments'
fault, but also the courts', in shaping the entire structure into an efficient one, because our legal system is
in charge of enforcing the law and daring the damage caused by other bodies.
A scam can be considered as damaging if it is disguised as a ‘loophole,' and the inappropriate
implementation of the Act is a loophole that will disillusion the victims. Women in pastoral areas would
Flavia Agnes, Domestic Violence Act: A Portal of Hope, Vol 4 Issue 6 , November -December 2005,http:/
282
/www.combatlaw.org/infolmation.php? quoted in Narwadkar, Pooja Prashant, A critique of the protection of women from
domestic violence act 2005,SHODGANGA@INFLIBNET(Sep/26 6:59 AM)http://hdl.handle.net/10603/149089.
110
be the most affected, as they rarely have any means of communicating their home plight with the
expectation that someone would turn up to assist them. Furthermore, some states lack the pledged parts of
the Act such as women's shelters and a specific number of protection policemen. This question of
applicability of the Act in general has also been highlighted in a number of works of literature in a broad
sense. Nonetheless, in the midst of this trying time for women, there are some promising aspects of the
Act that, if properly implemented, can lead to a reduction in domestic violence cases.
Chapter-7
CONCLUSION AND SUGGESTIONS
Conclusion
111
The creator of the nature has created men and women to be harmonizing and supportive to each
other but all these equality are to be seen only on papers. In reality the society always has chosen to be
partial in this respect. Men as always dominated women in every spheres of life. Women are not only
facing trouble in society but even with in the four walls by their own relatives and it is a foolish thought
that women are safer in their house.
Violence within four walls has become common in patriarchal culture which is used as a weapon
to threaten and influence her decisions in life. Domestic violence is a terrible fact of life in Indian society.
There are a variety of reasons why domestic violence occurs. Domestic violence against women is a result
of the patriarchal system, gender stereotyping, and the distribution of power, actual or perceived, in
society. Men are thought to be stronger and more powerful than women in such ideologies. They have
complete influence over women and their life, and as a result of this power play, they may be able to harm
women without consequence.
Intimate partner violence also includes within the preview of domestic violence which occurs in
matrimonial relationship and it can take many forms which include physical sexual and emotional abuse.
Women from ancient period till today even after being self sacrificing and self denial her fortune is still
subjected to all the inequalities, indignities and discrimination. To pay attention towards increasing
phenomenon of domestic violence in our country the Criminal amendment Act took place in the year
1983 by inserting 498A and 304B which penalized cruelty by husband and dowry death respectively. But
the law was limited to dowry and matrimonial relationship that too in criminal domain. During 1970s
many countries passed laws against domestic violence as a whole but India was lacking behind in
addressing domestic violence with the vision of human right under civil domain.
In order to focus on protection of women’s rights who were victims of domestic violence the
efforts were made by legislators since 1990s to draft a bill exclusively on domestic violence. The
domestic violence undoubted by a human rights issue and serious deterrent to development of our
country. The Vienna Accord of 1994 and the Beijing Declaration and the Platform for Action
(1995) have acknowledged this fact. The United Nations Committee on Convention on Elimination
of All Forms of Discrimination Against Women (CEDAW) in its General Recommendation No.
XII (1989) has recommended that State Parties should Act to protect women against violence of
any kind especially that occurs in family on the basis of which The Protection of Women from
Domestic Violence Act, was enacted in 2005 to address this issue, is a commendable piece of
112
legislation.
In theory, the Act goes a long way toward ensuring women's safety in the home. It is the first
significant step toward eliminating the dubious public/private dichotomy that has long been a
source of contention for feminists. The types of domestic abuse foreseen by this Act, as well as the
victims recognized by it, give it a broader reach than the IPC. The phrase "domestic violence" was
never used in the IPC to describe this heinous behaviour. In fact, the IPC's sole analogous category
of offences dealt with cruelty to married women.
In fact, even if the victim was the assailant's wife and had recourse to the courts under S.498A
of the IPC, she would almost certainly have to leave her matrimonial home to secure her safety or
face vengeance. There was no mechanism in place to allow her to remain in her married home
while speaking out against the violence she was subjected to. This, along with a slew of other
issues faced by women in the home, inspired the legislation. The Statement of Objects and Reasons
states that the Act was enacted in the light of the human rights secured under Articles 14, 15, and
21. Article 21 confers the right to life and liberty on a negative basis, stating that it cannot be taken
away except by a process formed by law which, as a result of judicial decisions, is expected to be
fair, just, and rational.
In short, the object of the Act is to provide for an effective protection of the rights of women
guaranteed under the Constitution, who are victims of violence of any kind occurring within the
family. The Act provides for a higher right in favor of a wife. She not only acquires a right of
residence. The right to residence is a higher right. Legislature has, by enacting DV Act, endeavored
to provide unconventional and unique remedy to Indian Women for safeguarding their morale,
dignity and decency against various form of violence enumerated in S. 3 of Act, which prior to its
advent were not available in law. The widest definition in the Act is a legislative mechanism to
protect a woman and provide her appropriate relief of residence besides providing her monetary
relief. The Act has tasked government to provide legal aid, medical services, and shelter homes for
victims of domestic violence and also provides various provisions which regulate the state not only
to provide legal or medical services but also to appoint functional officers and service providers to
help victims of domestic violence and to protect the rights of victims. Thus present law of the Act
is definitely a step ahead in providing protection to woman than the existing laws like Hindu
Adoption and Maintenance Act, 1956, which in Chapter III and in terms of Sections 18 to 28 do
provide for some protection to woman against vagaries of life. Analysis of the provisions of
113
legislation has showed that there has been a great deal of haste in putting the Act into action. The
more disturbing problem is that there are many more locations where the delivery of significance of
the Act falls due to substantial and procedural loopholes.
The last chapter deals with analysis of judicial interpretation like in S.R. Batra v. Taruna Batra283and
many other have showed judiciary’s intention to make the provisions of the act effective and to provide
the victims their rights. Judiciary has also taken caution against misuse of the act for ill purposes of
women. And the chapter also includes critical overview of the Act which dealt with statistical analysis
made with the help of sources like National crime record bureau data, National commission of women
reports and national family survey reports. Statistical Analysis has showed increase in case reporting due
to COVID 19 lockdown situation. Between January and May of 2021, the National Commission for
Women received almost 2,300 domestic violence accusations, the most in any year since 2000. According
to NFHS-5 data, 70% of women in the main states who experienced physical assault did not report it to
anybody. Even among those who sought assistance, only a small percentage contacted the appropriate
authorities. Between January and May 2021, 2,383 complaints of domestic violence were filed with the
National Commission for Women.
Findings of the study:

Every research will always derive certain conclusions, which gives a glace of the whole research work
proving or disproving the hypothesis framed in the first chapter.
Proving of hypothesis framed in chapter one is as follows:
1. The Act is inadequate to mitigate the domestic violence of women.
2. The Act lacks in inbuilt safeguards against misuse of its provision.
According to the researcher the first hypothesis is affirmative and concludes that the object of the act to
mitigate the domestic violence couldn’t be achieved even after 16 years from the date of its enactment.
On the basis of data collected through the National Family Health Survey (NHFS-4) released by the
Union health ministry, every third woman in the country has experienced domestic abuse in some form
since the age of 15. According to complaints received in National commission for women, Indian women
reported more domestic violence reports during the first four phases of the COVID-19-related shutdown
than in a similar period in the previous ten years. However, this outlier is simply the tip of the iceberg, as
86 percent of women in India who are victims of domestic violence do not seek help. According to the
283
S.R. Batra v. Taruna Batra App (C) 5837 of 2006
114
National Family Health Survey-4, conducted in 2019-2020, there is systematic under-reporting of
incidents of domestic violence in 14 of the 20 or 70% of the states . Between January and May of 2021,
the National Commission for Women received almost 2,300 domestic violence accusations, the most in
any year since 2000. According to news paper reporting on June/24/2021 Approximately 86 percent of
women who were victims of violence never sought help, and 77 percent of the victims never told anybody
about the incident(s). This proves that the act has in no way mitigated the domestic violence but in turn,
the pandemic has created great hike in incidents of domestic violence.
According to the researcher the second hypothesis is affirmative, the act lacks in inbuilt safeguards
against its misuse. This is proved on the basis of critical overview of the act by judiciary in many cases
where the judiciary observed the new trend of legal terrorism which is false accusation of men by women
by misusing the Act. There are instances which prove that there is misuse and abuse of the Act:
Shushil Kumar Sharma vs. Union of India284 has observed that by misuse of the provision a New Legal
Terrorism can be unleashed. Now comes the question can laws made in context to protection of women
be misused? To answer this question the Honorable Supreme Court in a case made an observation that
“Unfortunately a large number of these complaints have not only flooded the courts but also have led to
enormous social unrest affecting peace, harmony and happiness of the society” also other case laws
discussed in before chapters Anoop and others Versus Vani Shree285, Major Singh & Anr. v. Sarabjit
Kaur,286 Smt. Geetanjali v. Sri B.B. Anantha,287. All these false accusation are still being cautioned by the
judiciary because of no inbuilt safeguards against the same under the Act.
The question of applicability of the Act in general has also been highlighted in a number of works of
literature in a broad sense. Nonetheless, in the midst of this trying time for women, there are some
promising aspects of the Act that, if properly implemented, can lead to a reduction in domestic violence
cases.
Suggestions and recommendations.
284
Shushil Kumar Sharma vs. Union of India AIR 2005 SC 3100.
285
Anoop and others v. Vani Shree, 2015(2) RCR(Civil) 1035.
286
Major Singh & Anr. v. Sarabjit Kaur,2018 CRM-M-34824-2015.
287
Smt. Geetanjali v. Sri B.B. Anantha,2018 INDIAN KANOON-http://indiankanoon.org/doc/149825429.
115
The conclusion will have suggestions to amend the statute and recommendations for further
implementation to make the research full proof. Without which a research might be incomplete
1. None of the Courts has been able to achieve the Protection of Women from Domestic Violence
Act provision of a timeline of 60 days for passing of orders, and this generates delays in justice,”
according to a Lawyers Collective report. So, it appears that it is not only the governments' fault,
but also the courts', in shaping the entire structure into an efficient one, because justice delayed is
justice denied. Therefore sincere efforts should be taken to make the provision functional.
2. Magistrate may also pass certain orders to respondents like to “execute bonds with sureties” which
will be helpful to stop repeated domestic violence by a person. For the security and safety of the
victim and her children magistrate should also be provided with powers that he can give additional
direction for the same.
3. Even after judiciary taking necessary caution against frivolous complaints the misuse of the Act
has not seen reduces hence there is a need to make changes in the Act itself. Like Section-193 and
211 of I.P.C, 1860 which penalizes false evidence the Act should also include provisions for
bringing deterrent effect against its misuse. Just because there is misuse of provisions we can’t
strike out whole Act because even though there is misuse or abuse of the Act we cannot ignore the
higher rate of dowry death and domestic violence against women. However, there should be
machinery who can keep a check on frivolous complaints after proper investigation rather than
wasting precious time of court by unnecessary burden.
4. Previous laws such as dowry prohibition act or sec 498A of IPC could not survive except few
because of the challenges they have faced. The similar kinds of challenges are likely to come
across in implementation of the Act. Perhaps then it would not be possible to fulfill the
Constitutional mandate of dignity to women. Therefore this is the most important question to be
answered why we have failed in respect of other statutes in the past. Those points of failure can be
taken into account while implementing the statutes.
5. To make people aware that domestic violence is not interfamily affairs and including authorities or
other close relatives will actually bring the fear against the respondent. Suffering silently is not a
cure for any issue.
116
6. To bring awareness among the people: Even after passing of 16 years from the date of enactment
of the Act still the law is inadequate to mitigate the domestic violence. The actual cause for
vulnerability of women is illiteracy and ignorance of the rights available for women. And during
this time of pandemic, when the majority of the population is at home and may be informed about
their rights due to an increase in TV viewing. In reality, Section 11 of the Act requires the federal
government and each state government to certify that the Act's requirements are regularly
publicized through various media, including television, radio, and print. As a result, the
administration now has a good chance of using this provision. National commission for women
should also make necessary efforts through education to make women aware of their rights.
Organization of awareness programs by legal aid clinic in colleges or through skits dramas in
public places, Para-legal training, legal literacy camps etc. Because, without bringing awareness
among the public whatever substantial and procedural changes are brought will have less effect.
7. Allocation of funds for adequate implementation of the act and for proper infrastructures of
protection officers and medical services there should be positive approach from government also.
8. The act empowers the state government to appoint protection officers but in reality there are
districts where there is no protection officer even if they are available they will be a government
servant with alternative work load which make them ineffective piece under handling of domestic
violence issues. Hence, there is a need for appointing full time protection officers independent
from other government service with a limited jurisdiction provided by adequate training
exclusively to handle the duties given under the Act.
9. Service providers from each state should be given official recognition and assistance by
government of that particular state so that there can be proper functioning of service providers in
accordance to the Act.
10. All the functioning authorities service providers and government should go hand in hand to
address the issues of domestic violence rather than having competing interest. Only when the
functionaries work in harmony we will be able to achieve the goal.
11. The Act has provided for so much of powers to functional authorities but there is no monitoring
authority to scrutinize the acts done by those officers to misuse or abuse their powers. The wide-
117
ranging system of evaluation will also be helpful in suggesting measures for adequate
implementation.
12. Counseling should be made by experts. It should divided in different manner under two stages
firstly pre-litigation counseling which should be given to aggrieved person about protection of her
rights, the laws available for her support and so on. Secondly during litigation or post litigation
counseling should be given to respondent to make him realize that what he did was wrong and not
to have the same attitude towards her.
13. The scope for ADR (alternative dispute resolution) should be reduced in domestic violence cases.
It is normal to have settlement in all kind of disputes arising out of matrimonial tie but violence
should not at any time give scope for settlement except for rare cases where the respondent have
understood that his attitude towards her was wrong and he will make sure that he will bring
changes in his behaviour.
14. The Act shall not create the impression that they are Anti- men legislation. When the situation
requires it should make sure that rights of men are not curtailed by providing more rights to
women. Law is based on wrong assumption that the women will only be ultimate victims of
domestic violence because there are also few instances where men are suffered from mental
harassment from women like daughter-in- law harassing father-in-law or wife harassing husband.
The law is shouldn’t be women centric. Hence, Sec 18(c) the term child should also include
aggrieved male child. And aggrieved person should also include adult male person.
In High court of Karnataka a Single Judge Bench comprising of Anand Byrareddy, J. allowed a
criminal petition filed by a Muslim male holding that he was entitled to invoke the provisions of
Protection of Women from Domestic Violence Act 2005 (DV Act). But the same was on the later
date withdrawn which may bring the impression among the public that the Act is male prejudiced.
For strong future of the Act the present impression should be removed from the minds of the
people by bringing balance under the legislation.
The tolerance of domestic violence have been normalized in society .Even after knowing that domestic
violence is a moral wrong by the genders choose to ignore. I would like to conclude with the words of
Flavia Agnes, Who has raised a very pertinent question in this regard. She said "while celebrating this
enactment, it is an opportune moment to pause and reflect on why and how several pro-women
118
legislations in the past have failed to protect women. Also to examine what are the provisions in this new
legislation that sets it apart and elevates this over all the pro- women legislations of the past two decades
and to raise some uncomfortable questions. Are we going round in circles and entangling ourselves in
further legislative entanglements?"
119
120
121
122

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CRITICAL ANALYSIS ON EFFICACY OF“THE PROTECTION OF WOMEN FROM

DOMESTIC VIOLENCE ACT 2005”

Status of women in India

1.2 Scope and importance of the research.

1.3 Objectives of the study

RULES, 04-05 (2009 Edn, premiere publishing company 2009).

 To examine the causes of domestic violence with reference to Indian society.

1.4 Research questions.

 Whether the Act is effective piece of legislation to provide protection to women?

 Whether the Act provides for procedural fairness and reasonableness?

1.6 Research methodology/ design .

1.7 Scheme of chapterization.

The present study has been divided into seven chapters.

CHAPTER 2: CONCEPT, CAUSES AND CONSEQUENCES OF DOMESTIC VIOLENCE

CHAPTER 3: INTERNATIONAL INITIATIVES TO PROTECT THE RIGHTS OF

CHAPTER 4: PROTECTION OF THE RIGHTS OF WOMEN UNDER INDIAN LEGAL

CHAPTER 5: THE PROTECTION OF RIGHTS OF WOMEN FROM DOMESTIC

CHAPTER 6: THE STATISTICAL ANALYSIS ON EFFICACY OF PROTECTION OF WOMEN

1.8 Limitation of the study.

1.9. Future scope of the study.

2.2 Definitions and concept of Domestic violence.

2.3 Forms of Domestic violence.

2.4 Causes of Domestic Violence.

2.5 Consequences of Domestic Violence.

INTERNATIONAL INITIATIVES TO UPLIFT THE STATUS OF WOMEN

3.2 Universal Declaration of human rights 1948.

3.4 Convention on the Nationality of married women, 1957

3.5. Declaration on the elimination of discrimination against women, 1967

The Convention provides for the establishment of a Committee on the Elimination of

3.7. Declaration on the elimination of violence against women, 1993

1993, A/RES/48/104, available at: https://www.refworld.org/docid/3b00f25d2c.html [accessed 8 August 2021].

1993, A/RES/48/104, available at: https://www.refworld.org/docid/3b00f25d2c.html [accessed 8 August 2021].

3.8.3 Vienna Conference.

3.8.4 Beijing Conference.

PROTECTION OF THE RIGHTS OF WOMEN

4.2.2 Directive principles of state policy

The 2013 Criminal Law Amendment

4.5.1 Functions of the National Commission for Women.

4.5.2 Power of Women's Commission

4.6. Pre-conception (prohibition of sex selection) Act, 1994143

5.3 Scope and extent of the Act 2005.

4. The Bill, inter alia, seeks to provide for the following –

RULES , 7 premier publishing company ,1st ed , 2009.

5.4 Definition of Domestic Violence under the Act, 2005.

The Definition is very wide.

The Definition is gender-neutral.

Woman of 63 years compelled to live alone amounts to domestic violence.

Domestic violence and marital rape.

Domestic violence includes harassment.

5.5.1 Protection officers

shelter home is situated;

Duties of police officers, service providers and Magistrate: 193

5.5.3 Duties of shelter homes.197

Procedure to get Shelter under the Act

5.5.4 Duties of medical facilities.200

5.5.5 Duties of Government.203

5.6. Procedural Formalities under the Act, 2005.

Meaning of the word 'any under section 12 of the Act

Essential Requirements of Section 12 of the Act

5.6.6 Proceedings to be held in camera. –

5.7.1 Right to reside in a shared household.217 -

5.7.3. Residence orders, -235